Even greater protection against eviction. New obligations of creditors

The Ministry of Finance wants to introduce minimum guarantees of protection for evicted people in the context of administrative enforcement. The project in this matter provides, among others: strengthening the protection of pregnant women and minors against eviction. It also limits the possibility of evictions in winter.

In the justification to the draft amendment published on Tuesday, among others: The Act on Enforcement Proceedings in Administration states that under current law, evictions are carried out by court enforcement and administrative enforcement. It was emphasized that judicial enforcement provides a number of guarantees to evicted persons, and under civil law there is a general prohibition on evictions “to nowhere”.

A revolution in administrative enforcement

However, the drafters emphasized that protection in judicial enforcement does not apply when: the source of the obligation to empty a property, premises or room is an administrative decision. They emphasized that people living in premises – including those who should be particularly protected against homelessness (e.g. pregnant women) – from which eviction is carried out in this manner, are deprived of protection against homelessness.

Allowing street evictions without minimum guarantees for people who are unable to meet their housing needs on their own leads to a violation of the principle of respect for human dignity – emphasized in the Regulatory Impact Assessment.

From November to March, no evictions. Check who will be protected by the new regulations

According to the draft amendment, evictions will generally not be allowed to be carried out in the period from November 1 to March 31 of the following year. However, the eviction will not be suspended in certain cases, e.g. when the decision was issued in connection with the obligor's flagrant or persistent violation of domestic order or his inappropriate behavior making the use of other premises in the building burdensome.

Moreover, the executor would evict the obliged person, members of his family and household members and other persons occupying the property or premises to another premises to which this person has a legal title and where he can live, and if the evicted persons do not have a legal title to another premises in which they can live, the executor would not evict him until the commune, at the request of the enforcement authority, provides this person with temporary accommodation.

If the evicted person is not entitled to temporary accommodation, the enforcer will remove him or her to a night shelter or a shelter for homeless people with care services, where temporary shelter will be provided by the commune at the request of the enforcement authority.

The government wants to strengthen protection for pregnant women and children

The project also proposes solutions providing additional protection in the event of eviction of particularly protected persons. Pursuant to them, the enforcement authority will suspend enforcement proceedings if the obligation to vacate the premises applies to: a pregnant woman, a minor, a disabled or incapacitated person and a person taking care of such a person and living together with him/her.

These provisions also apply to bedridden people with confirmed health status, retirees or disability pensioners who meet the criteria for receiving social assistance benefits and people with unemployed status. In such cases, the creditor will file a lawsuit to the common court to determine the eligibility of these persons to conclude a social premises lease agreement.

The proposal also assumes the exclusion of protection against eviction “to the street” if the obligor has been paid compensation or an advance payment for the loss of ownership of the premises subject to vacating.

When will the eviction not be stopped?

The protection will also not apply if the decision to vacate the premises was issued due to the person's “gross or persistent violation of domestic order, or inappropriate behavior that makes the use of other premises in the building burdensome, or the premises (room) being occupied without a legal title, as well as in the event of a judgment being issued against the obligated party which shows that he or she has used domestic violence.”

The project promoters informed that data from the Ministry of Justice show that bailiff offices received a total of 13,000 in the years 2022–2024. 544 applications for judicial eviction, including 1,573 applications for eviction for premises under social or replacement lease. At the end of the first half of 2025, 12,000 tasks remained to be completed. 793 applications. (PAP)

kblu/mark/