The barriers to the eviction of (illegal) tenants in Slovenia
The process of evicting a tenant in Slovenia can be a lengthy and inefficient process in cases of non-cooperative tenants, often taking months or even years to complete. This can be frustrating for landlords who are seeking to reclaim their property for various reasons, such as wanting to sell the property or needing to use it for their own purposes.
One reason for the inefficiency of the eviction process in Slovenia are the various legal procedures that must be followed. Landlords must normally first serve the tenant with a written notice of eviction, starting the notice period that is provided by the lease contract, and which usually amounts to a couple of months. If the tenant does not comply with the notice, the landlord must then file a suitable request or claim before a competent court to seek an eviction order that would ultimately lead to a possibility of a forceful (yet legal) removal of the tenant. The landlord cannot achieve this legally without going through a competent court.
The court process can be lengthy, as it involves several hearings and the opportunity for the tenant to present their side of the matter. The tenant has at their disposal a variety of legal remedies which can be very effective in drastically delaying or even stopping the eviction procedure. While taking care of the tenant and their legitimate interest of retaining a housing solution, such a sistem does little to effectively protect the legitimate ownership (and perhaps even housing) interest of the landlord. If the court ultimately grants the eviction order, the landlord must then have it enforced by a licenced enforcement agent.
While in principle being entitled to a recovery of court and other fees of a substantiated eviction procedure, the landlord often does not have a guarantee that the (ex) tenant will be willing or even able to pay these costs.
The motivations for a tenant to resist an eviction, even when faced with high legal fees may vary. A factor contributing to this side of the inefficiency of the eviction process in Slovenia may be a lack of available housing. With a shortage of affordable rental properties (while rents and other living expenses are getting higher and higher), it can be difficult for evicted tenants to find a suitable new place to live. This may lead to tenants fighting even obviously legal and substantiated eviction orders more aggressively, as they may have few other options.
Overall, the lengthy and inefficient process of evicting tenants in Slovenia can be a source of frustration for landlords. It’s important to seek the advice of a lawyer who is familiar with the eviction process in Slovenia and can help navigate the legal procedures involved. Better yet, a truly mindful landlord may chose to give the matter of choosing and accepting a specific tenant and drafting the lease contract a great deal of thought and may hire an expert lawyer even in that stage of the procedure, thus perhaps saving their valuable time and money in a future eviction.