When is it necessary to evict a tenant in legal proceedings??
Eviction of a tenant from a rented apartment Required when one of the following situations exists: non-payment of rent, refusal to vacate the property at the end of the rental period, or possession of the property without legal right. In these cases, requests or promises are not enough, and action must be taken accordingly. לחוק השכירות והשאילה, התשל”א-1971, accompanied by an expert real estate lawyer.
The tenant stopped paying rent.
In the event that the tenant stops paying the monthly rent, the property owner may file a lawsuit to evict the tenant in court. It is important to attach affidavits, a rental agreement, and additional documentation to prove non-payment.
The tenant refuses to vacate the property at the end of the rental period.
When the tenant refuses to vacate the property at the end of the agreement, the expedited eviction procedure can be initiated accordingly. The Rent and Lending Law.
The tenant holds the property without legal right
If the tenant enters the property without a contract or after the agreement has expired, this is illegal possession, which allows for an application to the court for eviction in an expedited procedure.
Common mistakes made by property owners – and what not to do
Do not disconnect water, electricity, or gas.
Such an action may be considered a criminal offense or result in a tort claim by the tenant.
Do not change locks or remove objects by force.
כל פעולה של “עזרה עצמית” עלולה להיחשב כהפרת חוק חמורה ולהוביל לעיכוב או ביטול הפינוי.
Prolonged waiting in hope of future payment
Waiting too long may only increase the financial damage, so it is recommended to act immediately, even if it is a short or expedited legal procedure.
How long does it take to evict a tenant??
Legal procedure for regular eviction
It usually lasts between 3 months and a year, depending on the workload of the courts and the tenant's responses.
Expedited evacuation procedure
A verdict can be reached within about 90 days, and if the tenant does not defend himself – sometimes even within only 30–40 days.
The rule: the sooner you act, the less economic damage.
What do we actually do? Steps for evicting a tenant from an apartment
Filing a claim for eviction of a rented property
This is a quick procedure aimed solely at eviction (without a monetary claim). The procedure includes filing a statement of claim with affidavits and a rental agreement, and the defendant files a statement of defense within 30 days. The hearing is scheduled within an additional 30 days, and the verdict is usually given shortly thereafter.
Summary lawsuit – when??
This lawsuit is suitable when there is a written rental agreement and you want to combine eviction + a financial claim. Advantages: You can sue for rental debts and other violations of the agreement. Disadvantages: Longer process if the tenant defends.
What is important to note in the eviction judgment??
Make sure that the judgment includes the tenant's full identification details, an accurate description of the property (address, block, plot), a statement that the property will be delivered clean, and a clear date for eviction.
Step two: Actual eviction through enforcement
Opening an enforcement case
If the tenant does not vacate the property, an enforcement case can be opened for eviction of the tenant. If no date is set in the judgment – after 15 days; if set – immediately after the end of the date.
Warning to the tenant and expedited eviction procedure
The warning includes a demand to vacate within 20 days and a warning of eviction by force of law if the tenant does not comply.
Carrying out the actual evacuation
The eviction is carried out by enforcement contractors, accompanied by a lawyer and sometimes by police. Early coordination with the police prevents weeks of delays.
Summary – Eviction of a tenant is a race against time
Evicting a tenant from a rented apartment is a complex but feasible legal procedure. Early action, Attention to detail, and the use of expedited eviction procedures or summary judgment save time, money, and heartache. It is recommended to use A real estate lawyer specializing in rental evictions and civil litigation From the very first stage.
This article does not constitute binding legal advice. You should consult a lawyer for each individual case.
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