Eviction proceedings (udsættelsesforretning)
Also known as eviction, enforced eviction, termination of a lease, udsættelse, fogedudsættelse, ophævelse af lejemål
An eviction proceeding is the bailiff's court's enforced eviction of a tenant who does not pay — in everyday terms, an enforcement case about unpaid rent.
Key facts
- Requires
- Formal demand and termination
In practice
If a tenant fails to pay, the lease can be terminated and the bailiff’s court can evict the tenant. But the order of events is strict: a formal demand must be sent with the statutory deadline, the lease must be terminated, and only then can the eviction be requested.
For a landlord, it is rarely the eviction that brings in the money — it is what stops the loss. The arrears still have to be recovered afterwards.
Where it commonly goes wrong
- The formal demand is not correct. If the deadline or the wording is wrong, the termination does not hold, and the eviction fails.
- A part payment is accepted after termination. It can be read as reinstating the tenancy, and the eviction then fails.
- You expect the eviction to settle the arrears. It gets the premises back. The money is still a claim that has to be collected.