Evicting your tenant without going to court: beware of the risks
- May 14
- 2 min read
If your tenant stops paying rent, you might want to evict them. Similarly, if your tenant has abandoned the property, you might want to regain possession by changing the locks. However, be careful how you proceed, as the situation could backfire.
Recovering your property without going to court?
The court is not the only way to regain possession of one's property.
First, the landlord and tenant can of course agree on a voluntary vacating of the premises used for housing. This is the ideal scenario, avoiding a waste of time and money for both parties.
However, if your tenant does not leave the premises spontaneously, you will, in principle, have to proceed with a "proper and formal" eviction with a bailiff .
The bailiff can only proceed with eviction if he has an enforceable title, which will most often take the form of a judgment , although other titles exist (conciliation report, judgment of agreement, approved mediation agreement, notarial act, etc.).
Therefore, in "disputed cases", the landlord wishing to regain possession of his property will generally have to initiate legal proceedings before the competent judge in order to obtain a court decision authorizing the eviction of the tenant.
Only after obtaining this decision can the landlord, if necessary with the help of his lawyer, turn to a bailiff to implement the actual eviction procedure.
What are the risks for a landlord who acts without a legal title?
A landlord who evicts their tenant without an enforceable title is liable to civil and criminal penalties.
From a civil perspective, the landlord could, for example, be held contractually liable since, as long as the lease remains in effect, they must fulfill their obligation to ensure the tenant's peaceful enjoyment of the premises (Article 1719 of the former Civil Code). Furthermore, in the event of an eviction without an enforceable judgment, the court could subsequently rule that the lease was terminated due to the landlord's fault.
In addition to civil consequences, the landlord may also face criminal liability. Indeed, since the tenant's home is inviolable, the tenant is free to grant or deny access to their property to anyone wishing to enter (except with a court order). Consequently, entering premises that have not yet been vacated, without the tenant's consent, can constitute trespassing, which is punishable by law.
In conclusion?
It is therefore essential for the landlord to comply with the rules and procedures for recovering their property. If in doubt, it is recommended to consult a lawyer familiar with real estate law to obtain proper advice.
This article is for informational purposes only and does not constitute legal advice. For any specific questions, it is recommended that you consult a legal professional.
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