The New Property Return Process

Since the beginning of the year, a faster alternative procedure has been in effect for property owners who wish to regain possession of their property after the lease has expired or due to non-payment of rent. The main feature is the transfer of jurisdiction to specialized attorneys, which reduces both time and costs compared to the traditional judicial process.

Key Points & Requirements

• Out-of-Court Procedure: The procedure is handled by a certified attorney instead of a judge (for applications filed on or after May 1, 2026).

• Tenant Protection: To initiate the process, the landlord must issue a written notice at least 3 months before the lease expires. The tenant retains the right to contest the notice and has a total of at least 6 months to relocate.

• Incentive for Owners: The simplification of the process aims to release off-market properties into the market, reassuring owners about any potential future delays.

  
  

The Framework for Lawyers

1. Compilation of Lists: Each Court of First Instance compiles lists of attorneys who have at least four years of experience, a clean disciplinary record, and have attended specialized seminars.

2. Assignment: The selection is made alphabetically to ensure impartiality.

3. Deadlines: The appointed attorney must issue the order within 20 days.

4. Fees: The compensation is set at €300 for a rent payment order and at €400 for a payment order (tax-free), which are paid in advance by the applicant.

Important Note: Until April 30, 2026, orders will continue to be issued by judges. The new procedure involving attorneys will be fully implemented for applications filed on or after May 1, 2026.