EBL article 269: The enforcement office may pursue eviction + collection against the tenant for rent debt. It provides rapid eviction without court process.
Process
- The lessor applies to the enforcement office
- Order to the tenant for "30 days payment or eviction"
- Debtor can object within 7 days
- No objection + unpaid → eviction starts after the 7th day
- With objection → appeal to the rental court removal
Reasons for Objection
- The rent has been paid
- Termination of the contract
- Incorrect amount
- Invalidity of the lease contract
Removal of Objection
- Civil Court of Peace (rental court)
- Fast if there is a written lease contract
- If not eviction case (general)
Supreme Court 6. HD
6. HD adopts that eviction proceedings should be based on a written rental agreement, and a general eviction lawsuit should be filed for verbal rent.
Practical Recommendations
- Make the rental agreement written + eviction commitment
- Paid by bank transfer (proof)
- Do not miss the deadline (30 days payment + 7 days eviction)
Enforcement/real estate lawyer recommended.