In everyday life, various terms are used in different fields of activity, which are understood by specialists in their field and which sometimes seem understandable to everyone. However, court practice has shown that there are cases where the claimant, when submitting a request to the court/arbitration court, wanted to achieve one thing, but the result was completely different. Therefore, it is essential to be sure of the meaning of legal terms and their correct use.
In this article, you will learn what do the terms “evict from premises” and “vacate premises” mean, how should the request be correctly formulated in the statement of claim, how will the judgment be enforced?
When filing a claim with a court/arbitration court for the vacating of premises belonging to you, it is important to understand the meaning of the legal terms “vacate the premises” and “evict from the premises.”
Request to vacate the premises
If the claimant has indicated in the claim, in the request section, that they are asking the court/arbitration court to rule that the defendant must vacate the premises, then, in the event of a favorable ruling, it will be determined that the defendant must vacate the premises.
How the judgment will be enforced: If the defendant has not voluntarily vacated the premises within the time limit specified in the judgment, then, upon receipt of the writ of execution for the judgment, the bailiff will visit the defendant and request that the premises be vacated. This request may be verbal or written. The defendant may or may not comply with this request. The bailiff will not be able to take any further action in accordance with the judgment. This means that if the defendant does not comply with the judgment and the bailiff’s request, you will have to go back to court/arbitration court with a request for eviction from the premises.
Request for eviction from the premises
If persons are staying in another person’s premises without legal grounds, they must be evicted through the courts. If the claimant has indicated in the statement of claim, in the request section, that they are asking the court/arbitration court to evict the defendant from the premises by judgment, then, in the event of a favorable judgment, it will be determined that the defendant must be evicted from the premises.
If the claim is upheld but the person does not voluntarily comply with the court judgment, you must apply to the court for a writ of execution after the deadline for voluntary compliance has expired. The judgment and writ of execution shall be submitted for enforcement to a sworn bailiff practicing in the relevant territory (according to the address of the property).
How the judgment will be enforced: The subsequent eviction process will be carried out by a sworn bailiff in cooperation with the municipal police.
If the defendant has received a notice from the bailiff about eviction from the premises, they are obliged to vacate the premises by the specified time. If the defendant has already vacated the premises, the premises are handed over to the claimant in the presence of the bailiff. The meter readings are recorded and a report is drawn up on the handover of the premises. If the defendant has not arrived at the premises at the specified time on the first occasion, the enforcement of the judgment is usually postponed for two weeks. If the defendant fails to appear at the eviction again at the specified time and has not given a reason for their absence, the premises are opened by force in the presence of a police representative.
The property in the defendant’s premises is described item by item, and in some cases photographs are also taken. The items are then removed and stored by the claimant. The defendant has the right to receive the stored items within one month, upon payment of the costs of enforcement of the judgment.
Important! If the claimant files a claim with an arbitration court, then, in accordance with the Arbitration Court Law, the arbitration court’s judgment may order the defendant to vacate non-residential premises, i.e., on the basis of a lease agreement! If the parties have concluded a lease agreement, the claimant may request the recovery of the debt in the arbitration court, but the claim for eviction from the leased premises must be brought before the State Court, as the arbitration court does not have jurisdiction to evict natural persons from residential premises!