This is one of the things landlords complain to me about most. The rent does not arrive on time, the excuses pile up, months go by, and the landlord is left not knowing what to do. The first reaction is usually anger; "I'll change the locks, I'll put their things at the door" is a sentence I have heard many times in the field. Yet the right path is the exact opposite: move forward with proper steps, not with temper.
The good news: the law gives landlords more than one route to evict a tenant who does not pay. The bad news: each of these routes requires a specific order, a specific timeline and a specific written document. Skip one step and the whole process can go back to square one. Below I explain the three routes, their timelines and the mistakes made most often, in plain language.
First, Know This: There Are Three Legal Routes
There are three basic routes a landlord can use against a tenant who does not pay rent. Which one suits you depends on the size of the debt, the tenant's attitude and how quickly you want a result. Let's put them all in one table first, then open each one up.
| Route | How It Works | When to Choose It |
|---|---|---|
| Default eviction | A written notice grants at least 30 days to pay; if unpaid, an eviction lawsuit is filed (TCO Art. 315). | When the debt goes unpaid and you want a final result through the courts. |
| Enforcement eviction | A payment order is sent through the enforcement office; a 30-day payment and 7-day objection period run (EBL Art. 269). | To collect accrued rent and request eviction at once; usually the most practical route. |
| Two justified notices | After two justified written notices in one lease year, an eviction lawsuit within 1 month of the year's end (TCO Art. 352/2). | When the tenant constantly pays late and settles at the last moment each time. |
Route 1 — Default Eviction (TCO Art. 315)
This is the best-known route. When the tenant fails to pay, the landlord sends a written notice granting time to settle the debt. For residential and roofed workplace leases, this period is at least 30 days and starts running from the day the notice is served on the tenant. Sending this notice through a notary is the most solid route in terms of later proof.
If the tenant pays the debt within these 30 days, the matter is closed. If not, the landlord earns the right to terminate the lease and file an eviction lawsuit. The point to watch here is that the notice clearly states the rent amount demanded and the payment period. A deficient or faulty notice weakens the case.
Route 2 — Enforcement Eviction (EBL Art. 269)
In the field this is the most practical route for most landlords, because it asks for two things in a single move: both collecting the accrued rent and evicting the tenant. The landlord applies to the enforcement office, which sends the tenant a payment order with an eviction request.
This payment order grants the tenant two periods:
- 7 days to object to the proceedings.
- 30 days to pay the accrued rent debt.
If the tenant does not object in time and does not pay the debt, the landlord can request an eviction order from the enforcement court. Files where there is no objection and the debt goes unpaid move relatively fast when handled correctly. If the tenant objects to the debt or the lease relationship, the matter then moves to the stage of lifting the objection and can take longer.
Route 3 — Two Justified Notices (TCO Art. 352/2)
This route works less for a tenant who never pays and more for one who constantly pays late. If a tenant fails to pay two separate months' rent on time within a lease year and receives two separate justified written notices for it, the landlord may file an eviction lawsuit within one month of the end of that lease year.
Two points matter here: the notices must be for debts from different periods, and they must be in writing. Successive letters sent for the same debt count as a single notice. The advantage of this route is that even if the tenant pays at the last moment each time, the two accrued justified notices give rise to a right of eviction.
So How Long Does It Take?
This is the most-asked question, and also the one with the least clear answer. The time depends on the route you choose, on whether the tenant objects, and on the court's workload. Enforcement eviction with no objection can often conclude within a few months, while files with objections and eviction lawsuits heard in court can take longer depending on service of documents, hearings and expert review.
So telling anyone "it finishes in exactly X days" would not be right. What truly shortens the process is building the file correctly from the very start: choosing the right route, serving the notice properly, and missing no deadline.
Don't Skip the Pre-Litigation Mediation Requirement
There is an important recent detail. Since 1 September 2023, in eviction lawsuits arising from a lease relationship it has become mandatory to apply to mediation before filing suit. So if you are going to file a default eviction or two-justified-notice eviction lawsuit, you must first go through the mediation stage.
By contrast, enforcement proceedings for eviction based on unpaid rent fall outside this requirement. So if you choose the enforcement route, no mediation condition applies. This distinction can be an important criterion when deciding which route to take.
The Mistakes Landlords Make Most
Here are the mistakes I have run into again and again over the years, the ones that break the process from the start:
- Wasting time on verbal warnings: Warnings made by phone or in person carry no legal weight. The process begins with a written notice.
- Changing the locks, removing belongings, cutting off water and power: All of these are unlawful, can be criminal offences, and instantly turn a landlord who is in the right into one who is in the wrong.
- Choosing the wrong route: The route changes depending on whether you want only eviction or both the debt and eviction. The wrong route at the start means starting over months later.
- Serving a deficient notice: Notices that do not clearly state the amount, the period and the deadline weaken the case.
- Missing deadlines: Forfeiture periods, such as the one-month window to sue at the end of the lease year in the two-justified-notices route, wipe out the right entirely when missed.
In Short
The way to evict a tenant who does not pay is clear: with procedure, not temper. First decide what your goal is. Do you want only eviction, or do you also want to collect the accrued rent? Based on that, choose one of the default, enforcement or two-justified-notices routes. Run every step in writing, track the deadlines, and take no action on your own.
A well-built file both protects your claim and concludes the eviction in the shortest legal time. A file started the wrong way, however, keeps you waiting for months even though you are in the right.
Note: This article is for general information only and does not replace legal advice. Rental legislation, timelines and practice can change over time. Before pursuing litigation or enforcement in your specific situation, always obtain up-to-date advice from a lawyer.
If you are facing a tenant problem at the stage of selling or reassessing your property and want to position it correctly, I would be glad to work through the process with you. Sometimes taking the right step in the right order solves half the job.