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If the tenant fails to pay rent on time, it may ultimately be necessary to have the tenant removed from the property with the help of the enforcement authorities. In this article, we provide a brief description of how landlords can handle such cases in a legal and efficient way.
- Payment reminder
The very first thing the landlord should do is try to get the tenant to pay through regular communication, preferably in the form of a friendly reminder. In some cases, non-payment is due to misunderstandings or temporary payment problems that can be quickly resolved by phone or email.
- Coercive basis
To be able to demand eviction, the landlord must have a compulsory basis. This can be a clause in the lease agreement that authorises eviction in the event of non-payment, or a legally enforceable judgment. Such a clause makes the process more efficient, as the landlord can avoid time- and cost-intensive legal processes.
- Notice of compulsory cancellation
If the tenant does not respond to the demand for payment, the landlord can proceed to more formal steps. The landlord must notify the tenant in writing that a petition for eviction will be filed if the demand is not met. The notice must state that eviction can be avoided if the rent, extrajudicial collection costs, legal costs and overdue rent up to the time of payment, with interest, are paid before the eviction is carried out. This means that the tenant can avoid eviction by settling at the last minute.
- Petition for compulsory cancellation
If the tenant fails to pay within two weeks of the written notice being sent, the landlord can submit a petition for compulsory cancellation to the enforcement authorities. The petition must contain documentation of the grounds for enforcement and that the tenant has received the notice.
- The bailiff's assessment
The bailiff will consider the petition. If the petition is granted, the compulsory cancellation will be carried out. This means that the tenant will be evicted from the property and the landlord can get his property back.
- Court case
If the lease does not contain a forced eviction clause, the landlord will have to go to court to obtain a judgement authorising eviction. This can be a time-consuming and costly process, but it is necessary to ensure that the landlord acts according to the law.
- Preventive measures
To avoid problems with payment defaults, landlords should:
- Include clear payment terms and cancellation clauses in the lease agreement
- Conduct thorough background checks on potential tenants
- Establish good communication with the tenant and deal with any issues early on.
Contact person
Emil Folberg Bakken (leave of absence)
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