Eviction (Ausweisung)

How the procedure runs

The precondition is that the tenancy has ended — through ordinary notice, extraordinary notice for late payment of rent, or expiry of a fixed-term contract. If the tenant does not move out afterwards, the landlord files an application for eviction with the court.

Where the facts are clear and undisputed, the court decides in summary proceedings, which is comparatively quick. Where they are contested — because the notice of termination has been challenged, for instance — the procedure becomes more elaborate and can drag on for months.

From the ruling to the actual clearance

The eviction ruling sets a deadline for moving out voluntarily. If it passes unused, the landlord can apply for enforcement. The competent body is the enforcement authority designated by the canton — in the canton of Zurich usually the Gemeindeammann (the municipal bailiff).

Only this enforcement step permits a forced clearance. Even holding an eviction ruling, a landlord may not clear the property personally as long as enforcement has not been ordered.

Who pays

Court costs, enforcement costs, clearance costs and any storage costs are in principle borne by the evicted person. In practice they often stay with the landlord, because there is nothing to collect from an insolvent tenant. Together with the lost rent and the length of the proceedings, an eviction quickly becomes a loss-making exercise — one reason why agreeing on instalment payments early is usually the better outcome for both sides.