Expired rental contract, how to defend yourself if the tenants don't leave

The expired and not renewed rental contract presupposes that the tenants must return the apartment to the owner, who can dispose of it as he sees fit.
The deadline, in fact, does not oblige the landlord to justify the reasons why he wants to send the tenants away.
The latter are required to return it, without delaying or hindering the repossession of the apartment.
Yet, not infrequently tenants continue to stay in the house even if the contract has expired, often because they have not yet found another accommodation.
There may be various reasons, sometimes a misunderstanding of the expiry of the contract or economic difficulties.
In any case, the homeowner is left with major inconveniences.
Here's what can be done if tenants don't leave and what they risk.
How to defend yourself if tenants do not leave when the contract expires Tenants do not leave even if the contract has expired, how to defend yourself Eviction due to the end of the tenancy How to request eviction after the contract expires Validating the eviction Reporting tenants who do not leave Tenants do not leave even if the contract has expired, how to defend yourself Tenants can live in someone else's apartment only by virtue of the rental contract, in the absence of which they cannot occupy the property in any capacity, provided they respect all the conditions.
If they fail to comply with the agreements, for example by not paying the rent, they can be evicted.
Even more so, when the rental contract expires and is not renewed the tenants can no longer stay in the house.
They must empty it, leaving it in the state in which they received it – normal wear and tear excepted – and return it to the owner on the first day after the expiration.
If this does not happen, the landlord can apply to the court to obtain validation of the eviction.
Obviously, nothing prevents the landlord from granting additional time, preferably with a written agreement, but this is not a tenant's right.
The possibility of renting the property is in fact part of the right of ownership, which leaves wide margins to the owner, it is not a legal imposition.
Eviction due to the end of the tenancy As mentioned, if the tenants do not leave the apartment despite the expiry of the contract, the owner can ask the court to validate the eviction.
In particular, reference is made to eviction due to the end of the tenancy.
A specific formula, dedicated precisely to these situations, to protect landlords.
We must then remember important information for both parties, namely that the eviction due to the end of the tenancy is generally shorter than the eviction due to arrears, even if the latter is proving to be increasingly quicker.
There is a precise reason why this procedure is somewhat simplified, namely the legislative intent to discourage the phenomenon of illegal renting.
Suffice it to say that it is possible to proceed with the eviction even without a prior warning.
Furthermore, for this type of eviction no particular judicial investigations are required.
Even where the tenant objects, in fact, the issues are usually simpler to prove than in other cases.
Eviction due to the end of the tenancy can be requested when the rental contract has expired naturally, but also when at least 6 months have passed since the cancellation communicated by one of the parties.
How to request eviction after the expiration of the contract To request eviction due to the end of the tenancy, the homeowner must file an appeal in court, through his lawyer, attaching the expired rental contract or the notice of termination 6 months earlier.
The tenant will then receive a judicial document ordering him to leave the property in question or, otherwise, to attend court for the validation of the provision.
In court, the tenant can also oppose the eviction and obtain a change in the procedure, for an ordinary procedure necessary to ascertain the reasons given (for example, a tacit renewal or the lack of legitimacy of the cancellation).
The judge may also not change the procedure and validate the eviction order by declaring it non-challengeable despite opposition, when: The landlord requests it with a petition; objections are not formulated in written form; there are no contraindications.
The validation of the eviction When the judge validates the eviction due to the end of the tenancy, it obliges the tenant to release it, setting a date for the execution (usually for a maximum of 6 months, 1 year in particular cases) which will take place in means of the judicial officer, who can make use of public force.
Furthermore, the sentence: condemns the tenant to pay the legal costs that the landlord had to advance; orders the tenant to pay the rent for the period in which he remained in the house; compensation for profits lost by the owner, provided they are documented.
read also Tenants who cannot be evicted, here's what to watch out for Reporting tenants who don't leave The homeowner can even report (more precisely sue) former tenants who remain in the house after the rental contract expires for the crime of illegal occupation.
The crime of illegal occupation – technically "invasion of land or buildings" – is provided for by article 633 of the Penal Code, to punish those who occupy other people's property without title.
The case of the tenant who does not leave the property after the deadline also falls into this category, risking imprisonment from 2 to 4 years and a fine from 206 to 2,064 euros.
This only happens if the civil proceedings confirm the expiration of the contract and consequently the criminal trial, promoted by the owner's complaint, ascertains the crime.
According to jurisprudence, however, there is an exception: the act is not a crime if it expresses a state of necessity.
For the state of necessity to be recognised, the following elements must exist: The need to save oneself (or one's family members) from serious harm; current danger at the time of occupation; inevitability and lack of alternatives.
If the state of necessity is recognized, the tenant is not criminally convicted, but must still leave the property and comply with the eviction validation.
read also Illegal occupation: sanctions and how to protect yourself