Landlords often face difficulties when attempting to evict tenants who refuse to vacate the property after the expiry of the agreement, or upon its early termination on account of non-payment of the rent or the utilities. Cases in which a former spouse who is not the owner of the family home does not leave the property after the expiry of the period of use are also becoming more frequent. Such situations likewise fall under tenancy relationships arising from a court decision that determines the right to use the family home.

Upon the termination of the lease agreement, the tenant is under an obligation to return the property to the owner. This must be done by handing over the property in the condition in which it was received, subject to normal wear and tear from use. The tenant must remove all their belongings from the dwelling and hand over the access keys to the landlord. It is important to emphasise that returning the property does not consist merely in removing the tenant's belongings — the property must be vacated in full and handed over in the same condition in which it was when let out, including the handing over of the keys to the owner. Even if the landlord has other keys, this does not release the tenant from the obligation to return all the keys to the property.

Should the tenant not agree to leave the property voluntarily, the landlord has the right to take legal action for eviction only through court proceedings. This is the only legally permissible method, and attempts at alternative measures, such as changing the locks, are strongly inadvisable, since the tenant may file a report for unlawful self-help (самоуправство) under the Criminal Code.

The landlord may bring an eviction action under Article 310(1)(2) of the Code of Civil Procedure (ГПК) in order to seek the vacation of the property by the tenant.

Procedure in the Claim Proceedings

The statement of claim is filed with the district court, and cases for the eviction of defaulting tenants from leased properties are examined under the so-called "fast-track proceedings", in which the time limits for judicial examination and decision are considerably shorter.

Once the court has issued a decision for the vacation of the property, the landlord must turn to a private enforcement agent (ЧСИ), who will carry out the entry into possession of the property and ensure that it is vacated by the tenant.

Within the scope of this expedited procedure, only the claim for the vacation of the leased dwelling is examined. If the landlord has claims for unpaid rent or utilities, it is advisable to bring a separate action for them. Otherwise, combining the claims for vacation with claims for unpaid sums will be subject to the general procedure for examination, which would significantly delay the decision on the vacation of the property.

Order for Enforcement under Article 410 of the ГПК

In order to recover the rent and utilities due, the landlord may file an application for the issuance of an order for enforcement under Article 410 of the ГПК. The application is filed with the district court and is examined under "order proceedings", which likewise constitute an expedited judicial procedure aimed at faster and more straightforward judicial enforcement.

Compensation upon Refusal to Vacate the Property

If, after the termination of the lease agreement, the tenant refuses to hand over the property voluntarily, they bear liability for compensation to the landlord. The amount of the compensation corresponds to the market value of the monthly rent for the property and covers the period from the termination of the agreement until the actual handing over of the dwelling to the landlord. Regardless of whether the property is handed over voluntarily or by way of enforcement, the tenant owes compensation until they leave the property. This applies even where the tenant does not actively use the property but refuses to vacate it.

Should you require legal advice or assistance in connection with the conclusion and termination of a lease agreement, or with settling relations with defaulting tenants, please contact us on tel.: 0887550706 or by e-mail: [email protected]