Eviction order - Rozkaz k vyklizení

Eviction order - Rozkaz k vyklizení

 Do you rent out an apartment or house, and your tenant has stopped paying rent, so you have terminated the lease agreement, but the tenant still refuses to move out? Then you will certainly welcome the amendment to the Civil Procedure Code, which introduces the institution of the so-called eviction order – rozkaz k vyklizení.

 Unlike traditional court proceedings for eviction, which in practice took several months, the new eviction order provides landlords with a faster way to get their apartment or house vacated by a former tenant.

(A)               Amendment to the legal regulation

Accoriding to the Section 175a of the Civil Procedure Code, if the plaintiff asserts in the action the right to evict the defendant from an apartment or house, who continues to use the apartment or house even after the date on which the right of use expired due to the termination of the lease, and if the plaintiff's right from the facts stated in the complaint and the attached written evidence, the court may issue an eviction order even without the plaintiff's express request and without hearing the defendant. In the eviction order, the court shall order the defendant to vacate the apartment or house within 15 days of delivery of the eviction order and to pay the costs of the proceedings, or to file an objection with the court that issued the eviction order within the same period.

The eviction order represents a form of court decision issued in summary proceedings, i.e., ideally without ordering a court hearing and without hearing the tenant.

In order for an eviction order to be issued, the landlord must certify the following facts in their procedural proposal:

·       that they are the owner of the property being vacated,

·       that the lease has been terminated,

·       that the tenant continues to use the property despite the termination of the lease,

·       that the landlord has sent the tenant a written request to vacate the property at least fourteen (14) days in advance of filing a motion for an eviction order.

(B)          Criminal offense of trespassing

Although the introduction of the procedural institution of an eviction order significantly strengthens the rights of landlords vis-à-vis tenants who refuse to vacate the property despite the termination of the lease, it should be noted that any other radical action against tenants who are in arrears could constitute the criminal offense of trespassing.

Therefore, even in a situation where the tenant does not have legal title to use the leased property, the landlord is not entitled to enter the leased property and remove the tenant's belongings.