Filing a lawsuit is not the only way to evict a tenant who does not pay rent. The Enforcement and Bankruptcy Law (No. 2004) gives landlords the option of eviction through enforcement proceedings, which produces faster results. This route is available for both residential and commercial leases.
Payment order and deadlines
The landlord sends the tenant a payment order with a demand for eviction through the enforcement office. The payment order gives the tenant thirty days to pay the debt and seven days to object. If the tenant does not object within seven days and does not pay the debt within thirty days, the landlord asks the enforcement court for an eviction order. If the tenant pays the full debt within thirty days, the proceedings end and eviction cannot be requested. However, a separate eviction lawsuit can be filed against a tenant who has given cause for two justified warnings within the same lease year.
If the tenant objects
The tenant's objection halts the proceedings. The landlord then asks the enforcement court, within six months, to remove the objection and order eviction. If the lease agreement is in writing and the signature is not denied, the court removes the objection and orders eviction. If the tenant denies the signature on the lease or the agreement is oral, the dispute is heard by the civil court of peace.
Enforcement based on an eviction undertaking
If the tenant has undertaken, in a written document signed after the lease agreement, to vacate the property on a specific date, the landlord can apply to the enforcement office within one month of that date and have an eviction order sent. If the tenant does not object within seven days, the eviction is carried out fifteen days after the date of the undertaking. This route can be used even if no rent is owed.
Carrying out the eviction
The enforcement court's eviction decision can be enforced before it becomes final, but ten days must pass from service of the decision. If the tenant does not vacate the property within this period, the enforcement officer carries out the eviction, with police assistance if necessary. The tenant's belongings are recorded in an official report and handed over to a custodian.