It is a good idea to start resolving rental payment difficulties at any time after one month of unpaid rent. You can try to agree on a payment plan with the property owner as soon as you know how you can manage your payments. You must be able to be commit to an agreed payment plan because it is not possible to repeatedly make a new plan.
If you have difficulties with paying the rent or want to find out how to make a payment plan for rent arrears, contact your local housing counsellor.
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If your rent arrears situation has resulted in your property owner filing a summons and the rent arrears case being transferred to the district court to seek eviction, it is no longer possible to make a payment plan for the debt. Therefore, it is advisable to start managing the rent arrears situation at the latest when it has accumulated for one month.
The property owner cannot evict a tenant with their own decision. A court decision is always needed. The tenant is shielded under so-called “home peace” until they move out of the apartment.
The property owner can apply for an eviction from the district court if the rental contract has been terminated or rescinded and the tenant is still not moving out of the apartment on the agreed day. An eviction can also be applied for if the tenant has very antisocial behaviour, even if the rental contract has not yet been rescinded.
The notice of eviction delivered by the district court can also work as a notice of rescission of the rental contract if the property owner has not previously rescinded the rental contract. Rescission of the rental contract itself does not always require a district court ruling, more information is available here.
How is an eviction carried out?
The eviction is always carried out by a distrainor. The property owner shall deliver the eviction decision from the court to a distraint office. After that, the distrainor sends the tenant a moving request. In the request the tenant is given a move-out date, before which the tenant can move out themselves. This date is usually 2-3 weeks after the sending of the request.
The eviction is executed by the distrainor after the move-out date without delay, if the tenant has still not moved out. The costs of the eviction are collected from the tenant. The eviction is carried out by emptying the apartment of the tenant’s possessions. The eviction can be executed even if the tenant isn’t present.
During the eviction proceedings, the tenant’s possessions (other than non-valuables) are collected. Valuable possessions can be used to pay the tenant’s debt. The tenant’s personal effects, such as photographs, documents and other similar property, will also be recovered. Personal property can be collected from the distraint office.
The eviction proceedings are written down in a log, which shows how the tenant’s possessions have been handled. It also shows how long the possessions will be held at the distraint office and how they can be collected.
The eviction proceedings usually last for 2-6 months.