Procedures

In cases where a tenant falls into arrears with regards to rent, communal charges and general financial obligations as provided for in the property lease agreement, the lessor may apply for the court to issue an order (payment order- return of property order) ,in a relatively brief timeframe, which [payment order] obliges the tenant to pay the rent owed and to provide the landlord with use of the property.

The lessor shall notify the tenant, and any spouse, via an extrajudicial notice served by a bailiff and request for the tenant’s compliance with any financial obligations; Should one (1) month lapse from the notification and the tenant has not fulfilled the financial obligations, the matter shall be referred to the competent court (County court or Court of first instance) and it shall be requested that the tenant be ordered to pay the rent owed and any sums due.

To apply for a payment-order, inter alia, the following is required:

1. A certified copy of the lease agreement from the Tax Office,
2. A certificate from the Tax Office stating the income resulting from the lease and thus issuing the order within a few days.

The landlord then notifies the tenant and any spouse with a copy of the order; after 20 calendar days the tenant may then proceed with eviction, seizure and so forth.

* The tenant may object through a stay of proceedings and by application for suspension of the enforcement of the Order for the return of the property. In order for the court to rule in the tenant’s favour, it must be pleaded that no rent was in arrears and all financial obligations were paid up, or that there were formal defects in the order.

► Commission a Real Estate Lawyer to draft and file a Payment Order-Return of Property order (eviction)