Enforcement Routes for Eviction in Lease Relationships

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Eviction of leased immovable property through enforcement without a judgment permits a lease dispute to proceed through enforcement where statutory conditions are met. Eviction for non-payment of rent and eviction based on a written undertaking to vacate are governed by different provisions. The same payment order and defence regime do not apply to both.

Where eviction is sought together with recovery of rent, the payment order's warning must comply with the law. The payment period granted to the debtor depends on the nature of the premises and the relevant substantive-law provision. Merely pursuing the rent claim does not invariably include an eviction request.

The tenant's denial of the lease or signature, allegation of payment, and objection to the rent amount are different subjects of examination. The documentary character of the lease submitted in an application to lift an objection or obtain eviction must be assessed separately. The enforcement court's limited examination does not replace all lease-related actions.

For an undertaking to vacate, the document's execution, the promised date, and the statutory application period are important. The document's validity and timely commencement of enforcement are separate requirements. Specifying an eviction date does not automatically turn every signed paper into a valid undertaking to vacate.

For example, full payment within the relevant period and no payment at all produce different consequences in proceedings based on non-payment. Defective service may affect both the time limit and the opportunity to defend. Eviction conditions must be determined by examining the nature of the lease relationship, enforcement application, warning, and service records together.

This article has been prepared for general legal information purposes.