Ontruimingsbescherming

Protection from eviction forms part of the safeguards afforded to tenants and prevents a landlord from effecting the eviction of a dwelling on their own initiative, even after termination or rescission of the tenancy agreement. Only the cantonal judge may grant an eviction claim, taking the tenant’s interests into account.

This protection is of considerable importance because housing constitutes a basic necessity, thereby ensuring that tenants cannot be rendered homeless without more. In practice, it means that landlords must commence proceedings in cases of non-payment or other disputes, in which the tenant may raise a defence and, on occasion, obtain a deferral or alternative arrangement.

The protection applies primarily to residential premises and is less robust in the case of commercial premises or unlawful occupation.