Problem

Landlords often ask us, "How can we evict a tenant who violates the lease agreement, for example, by not paying rent or causing significant damage to the property?" Or even, "What can be done if the lease has expired, but the tenant continues to live in the property?"

Situation

Let’s consider the scenario where the tenant is an individual and violates the terms of the residential lease, prompting the landlord (property owner) to seek eviction. The rental relationship between individuals is based on an agreement and is regulated by the Residential Tenancy Law, adopted on March 17, 2021 (hereinafter referred to as the Tenancy Law). The Tenancy Law requires that the lease agreement be in written form.

What are the Benefits if the Lease Agreement is Registered in the Land Register?

Registration of the lease agreement in the Land Register is not mandatory (for legal validity, a simple written form is sufficient), but the parties may agree to register it.

If the lease is registered in the Land Register, for instance, in the event of a delay or non-payment of rent, the landlord can file a claim for indisputable enforcement of obligations. The court must review such a claim within 7 days, and the court's decision takes effect immediately, unlike regular legal proceedings that can take six months or more.

How to Properly Evict a Tenant?

If the tenant violates the lease agreement, the landlord must terminate the agreement unilaterally on legal grounds to proceed with a lawful eviction. What could be the grounds for this? The lease agreement must specify such cases (grounds) for termination and outline the procedure for terminating the lease, such as property damage, misuse of the property, delayed payments, or accumulated debt.

To utilize the mechanism of indisputable enforcement of obligations (where, as mentioned, the court is required to make a decision within 7 days), the lease agreement must meet two criteria:

1. The lease must include the tenant's obligation to vacate the property upon the lease’s expiration or due to non-payment of rent.

2. The lease agreement must be registered in the Land Register.

In other cases, a claim for lease termination, overdue rent, other payments, and tenant eviction can be filed in court in the general order. In one lawsuit, the landlord can request the court to evict the tenant, recover unpaid rent, and reimburse legal costs. However, such legal proceedings can take 6 months or longer.

To file a claim, there must be grounds for lease termination—such as non-payment of rent or property damage by the tenant. According to the Tenancy Law, the landlord must notify the tenant in writing at least 1 month in advance about the termination, stating the reason (e.g., non-payment of rent or other charges), even if the lease agreement provides for a shorter notification period.