Can a landlord evict a tenant without a court order in Tunisia?

Answer by the AvoConsulte editorial team

No. In Tunisia, a landlord cannot evict a tenant on their own. Eviction requires a court decision, normally after a formal notice served by a bailiff, and is then carried out by a bailiff. Changing the locks or removing the tenant's belongings exposes the landlord to a damages claim and possibly criminal prosecution.

The lawful route

• Formal notice: the landlord usually starts by having a bailiff (huissier de justice) serve a formal notice to pay the arrears, warning that otherwise the court will be asked to end the lease and order eviction.
• Court action: if the tenant does not comply, the landlord goes to court. Depending on the situation, this can be urgent proceedings (référé), usually where the lease has a clause ending it automatically after unpaid rent and there is no serious dispute, or a claim on the merits to end the lease and order eviction.
• Enforcement: once there is an enforceable decision, a bailiff serves it and carries out the eviction, with police assistance if needed.

What a landlord must not do

• Change the locks or block access.
• Cut water, electricity or gas to force the tenant out.
• Remove or keep the tenant's belongings.
• Threaten the tenant or enter the home without permission.

These acts can lead to damages and possibly criminal complaints, and may weaken the landlord's own case.

For tenants

Keep paying if you can, ask for receipts or pay by traceable means, and keep a copy of the lease and every notice you receive. If you get a bailiff's notice or a court summons, see a lawyer quickly, because deadlines start to run.

Special cases

Some very old residential leases fall under Law No. 76-35 of 18 February 1976, which gives the tenant a right to stay and sets different eviction rules, and commercial leases have their own regime. Both follow different rules from an ordinary residential lease.

For your own situation, consult a property lawyer; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code des obligations et des contrats (louage de choses, art. 727 à 804) OMPI – WIPO Lex
2. Code de procédure civile et commerciale OMPI – WIPO Lex
3. Recueil des textes régissant les rapports entre bailleurs et locataires (loi n° 76-35 du 18 février 1976 et textes modificatifs) Imprimerie Officielle de la République Tunisienne