Eviction from buildings used or occupied without legal rights is a legal procedure with its own rules, designed to produce a quick result: the effective release of the space by the person using or occupying it without legal rights. In the CPC, this special procedure is regulated in Title XI – Eviction from properties used or occupied without right and applies both to former tenants (e.g., tenants after the termination of the contract) and to other occupants without title.
The practical stakes are twofold: on the one hand, the owner/landlord obtains an enforceable decision in an accelerated procedural framework; on the other hand, the defendant has the possibility to invoke substantive defenses, but within the specific limits of this procedure, which does not allow the process to be "burdened" with parallel claims.
When does the special procedure apply and why does its choice matter?
The Code allows the plaintiff to choose between the special procedure in Title XI and the common law procedure. In other words, "special" eviction is not mandatory, but in most situations it is preferred because it is judged urgently, in chambers, with summary debates and a decision that is enforceable. (It depends on what you understand by urgency; it can take several months).
The special procedure is applicable in disputes concerning eviction from "used" (particularly in lease agreements) or "occupied" properties without legal title, after the termination of the title or in the absence thereof. The text of the code defines the relevant terms (lease, lessee, lessor, occupant, owner) precisely in order to clearly delimit the scope of application.
1. Essential step before the trial: prior notification
In the case of the tenant (lessee/tenant/subtenant, etc.), when the right of use has expired (expiration of term, termination, non-payment of rent/lease or other causes), the landlord must notify the tenant in writing, through a bailiff, requesting the vacating and free surrender of the property within a maximum of 30 days from the date of notification. For indefinite leases, termination may also serve as notice of eviction, and for fixed-term leases, notice must be given at least 30 days before expiry (unless otherwise provided by law).
In the case of the occupant (a person who actually occupies the property, other than the owner or tenant), the owner notifies the occupant in writing, requesting them to vacate the property within 5 days of notification.
In practice, many eviction proceedings are lost or unnecessarily delayed due to incorrect notification (not communicated correctly, without proof, sent to another address, without complying with the deadlines or without the channel required by law).
Eviction requests made under Title XI fall under the jurisdiction of the court where the property is located, even if the tenant has left the property or the contract has ended.
The code also establishes a procedural rule that is extremely useful in practice: the tenant and occupant are considered to have their "mandatory domicile" at the property they are occupying without right, and if the property is closed, the procedural documents are posted on the door of the property. This substantially reduces delaying tactics involving the "disappearance" of the defendant.
2. What happens if they leave voluntarily?
If, after notification, the tenant or occupant leaves the property, the landlord/owner can take possession "by right," without the need for an eviction order. The code also provides indications for presumption of departure (cessation of economic activity, cessation of use, return of keys, removal of goods, etc.).
In all other situations—i.e., those that end up in court—legal proceedings follow.
3. Judgment of the eviction request: quick, summary, but with the right to defense
If the defendant refuses to vacate after notification (or if there is a written waiver of notification, under the conditions of the law), the plaintiff requests the court to order "immediate" eviction for lack of title, by enforceable judgment.
The rule is that the application is judged with the parties being summoned. However, there is a specific situation expressly provided for: when eviction for non-payment of rent is requested on the basis of a contract which constitutes, for the payment thereof, an enforceable title under the law, the request may be judged without summons. The judgment is made urgently, in chambers, with summary debates, and a response is not mandatory.
Important: the defendant is not deprived of defenses. He may invoke substantive defenses regarding the merits of the claim, including the plaintiff's lack of title. However, in order to maintain the focused nature of the procedure, the code prohibits counterclaims, the joinder of another person, or the joinder of a guarantor; such claims are dealt with separately.
In addition, the court may, together with the eviction, also rule on the payment of rent/lease payments due (including those falling due during the proceedings), if this is requested.
4. Decision: enforceable. Appeal: within 5 days
The eviction decision is enforceable. It can only be appealed within a very short period of time: 5 days from the date of the ruling if the case was heard with summons, or 5 days from the date of notification if the case was heard without summons.
This regime explains why, in practice, serious strategies are built from the outset: on notification, on evidence, and on the wording of the request, the decision on the merits being enforceable.
Enforcement and suspension: the rule is that it is not suspended, the exception is strict
An appeal against enforcement may be lodged under the conditions of common law.
From experience with eviction cases, the points that usually determine success or failure are simple and clear: proof of termination of title (termination of lease or lack of right of occupation), notification made correctly and communicated in accordance with the requirements of the law, accurate identification of the defendant (tenant vs. occupant), and choice of claims (eviction alone or eviction plus outstanding rent/lease payments).