Renting and Tenancy
Evicting a Tenant: When Is It Possible?
The legal grounds on which a landlord can remove a tenant: the ten-year extension period, genuine need, reconstruction, a written eviction commitment, two justified warnings, and default.
2 min read
The law strongly protects tenants in residential leases: if a fixed-term contract's tenant does not give notice before the term ends, the lease is deemed extended for one more year on the same terms. A landlord, on the other hand, can only end the contract for reasons specifically listed in the law.
The ten-year extension period
A landlord cannot end the lease simply because the contract term has expired. However, once the ten-year extension period has passed, the landlord may terminate the contract without giving any reason, provided notice is given at least three months before the end of each subsequent extension year.
Main eviction grounds set out in the law
| Ground | Brief description |
|---|---|
| Need for housing | A genuine, good-faith need for the landlord, their spouse, children, parents, or dependents |
| Reconstruction and zoning | If vacating is required for a substantial repair, reconstruction, or zoning requirement |
| New owner's need | A lawsuit the buyer of the home may file six months after giving notice within one month of acquiring it |
| Eviction commitment | A written commitment to vacate given by the tenant after the handover |
| Two justified warnings | Giving cause for two justified warnings for non-payment of rent within one rental year |
| Tenant's other housing | The tenant or their spouse owning a home suitable for habitation within the same district/town (subject to conditions) |
| Default | Non-payment of rent, including after being given a grace period to pay |
Mediation and litigation
Pre-lawsuit mediation is mandatory for a significant share of eviction disputes arising from a lease relationship. In cases such as an eviction commitment or default, eviction through enforcement proceedings (icra) is also possible.
This content is for general information only and is not a substitute for legal, financial or tax advice. Rates, amounts and legislation can change over time. Confirm current information with the relevant authority or a professional before proceeding with a transaction.