Eviction Lawsuit – Evicting a Tenant

We often receive enquiries of this kind from prospective clients who have heard of bad experiences, or have had them themselves, and are now afraid to rent out an apartment again. The text below is a textbook example of how events unfold, and how they end, for landlords who decide to be "their own handyman" and sign a property rental agreement found on the internet or in the newspapers. It is also an answer to the question of why you should engage a real estate agency. Have you terminated a tenant's apartment lease because of unpaid rent within the agreed period, or because of damage they caused in the apartment through their own fault? After the notice period has expired, or the lease has been terminated, does the tenant refuse to move out? In this article, find out to whom and when an owner's eviction lawsuit is filed, and what decisions the court makes in such cases.

Grounds for Terminating an Apartment Lease Agreement

Under the Act on the Lease of Apartments, a landlord may terminate an apartment lease agreement if the tenant or other occupants use the apartment contrary to the Act and the lease agreement, in particular: – if the tenant fails to pay the rent and other agreed housing-related costs within the agreed period – if the tenant sublets the apartment or part of it without the landlord's permission – if the tenant or other occupants disturb other tenants or users of the building in the peaceful use of their apartment or commercial premises – if a person not named in the lease agreement uses the apartment for more than 30 days without the landlord's permission, except where this is the tenant's spouse, descendant or parent whom the tenant is legally obliged to support – if the tenant or other occupants do not use the apartment for residential purposes but use it in whole or in part for other purposes – if the landlord intends to move into the apartment themselves, or to move in their descendants, parents or persons they are obliged to support under special regulations, provided that the landlord has secured another suitable apartment for the tenant with an indefinite-term lease.

Written warning

In the cases listed above, the landlord cannot terminate the apartment lease agreement unless they have first warned the tenant in writing to remedy the stated grounds for termination within 30 days, for example by paying the rent. If the tenant has not remedied the grounds for termination by the end of that period, the landlord is entitled to terminate the lease agreement in writing, stating the reasons. The notice period for the tenant to vacate is then three months, or six months if the landlord or a member of their family intends to move in, and it starts to run on the first day of the month following the month in which the notice was received.

Grounds for rescinding an apartment lease agreement

In addition to termination, under the Act on the Lease of Apartments (Official Gazette 91/96, 68/18), the landlord has the option of rescinding a valid apartment lease agreement.

The agreement may be rescinded in the following cases: – if the tenant or another occupant, through their own fault, causes damage to the common areas, installations or parts of the building and fails to repair it within 30 days, – if the tenant alters the apartment, the common areas or the building's installations without the landlord's prior written consent.

For these reasons, the landlord is entitled to rescind the apartment lease agreement in writing, stating the reasons and setting a deadline for vacating the apartment that may not be shorter than 15 days.

Where is an ownership eviction lawsuit filed?

Under the Act on the Lease of Apartments, if the tenant does not move out of the apartment within three months, or six months in the case of termination, or within at least 15 days in the case of rescission of the lease agreement, the landlord may file an eviction lawsuit with the competent court. The ownership eviction lawsuit is filed with the Municipal Court in whose jurisdiction the property is located.

The ownership eviction lawsuit and its content

Under the Civil Procedure Act, an ownership eviction lawsuit must contain: – the name of the court, – the name and place of residence or domicile of the parties, their legal representatives and attorneys, if any, – the personal identification number of the parties, – the subject matter of the dispute, – the content of the statement, and – the signature of the claimant.

As the statement contains a request for eviction, the claimant must state in the lawsuit the facts on which the request is based and, where necessary, the evidence. As evidence, the claimant attaches a land registry extract (zemljišnoknjižni izvadak) confirming that they are the owner of the apartment, the lease agreement under which the apartment was given to the defendant for use, and proof that the lease agreement has been terminated or rescinded. In the lawsuit, the claimant asks the court to issue a judgment ordering the defendant to vacate the apartment because they occupy it without a legal basis and are unwilling to move out.

The ownership eviction lawsuit and court decisions

Proceedings initiated by an ownership eviction lawsuit against a tenant are urgent. If the court upholds the landlord's claim, it issues a condemnatory judgment ordering the defendant to vacate the apartment and hand over possession to the claimant, all within 15 days under threat of enforcement. If the tenant still refuses to move out after this period has expired, the landlord is entitled to initiate enforcement proceedings for the forced eviction of the tenant and the handover of the property into the landlord's possession.