How to evict a tenant in Tunisia: unpaid rent and court steps

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Topic: Property

How to evict a tenant in Tunisia for unpaid rent: why self-help is unlawful, the bailiff's formal notice, urgent or full proceedings, and tenants' rights.

In Tunisia, a landlord cannot evict a tenant on their own, even for unpaid rent. The lawful route is a formal notice to pay served by a bailiff, then a court decision (in urgent or full proceedings) ordering the tenant to leave and pay the arrears, which a bailiff then enforces. Changing the locks, cutting off utilities or removing the tenant's belongings can expose the landlord to a damages claim and possibly prosecution. Can a landlord evict a tenant without going to court? No. Even when the landlord is owed money, taking the law into your own hands is not allowed. A landlord must not: change the locks or stop the tenant from getting in; cut off water, electricity or gas to put pressure on the tenant; remove or seize the tenant's belongings himself (any claim on them for unpaid rent goes through the court); threaten the tenant or enter the home without permission. Doing any of this turns the situation around: the landlord becomes the one at fault, may have to pay compensation and may even face criminal charges, while the rent is still unpaid. Step one: a formal notice served by a bailiff Start by trying to settle things: a call, a letter, perhaps a payment plan for the arrears. If that fails, the usual next step is a formal notice to pay (mise en demeure) served by a bailiff (huissier de justice, عدل منفذ). It requires the tenant to pay the rent owed within a given time and warns that otherwise the landlord will ask the court to end the lease and order eviction. List the unpaid months and the exact amount claimed. Attach a copy of the lease if there is one. Keep the original of the bailiff's service report: it is a key document in the case. How much time the notice must give and what effect it has depend on the lease and the rules that apply to it. Have a lawyer draft or check it. Urgent proceedings or a full case? If the tenant still doesn't pay, the landlord goes to the competent court, which depends on the type and amount of the claim. There are two main routes: Urgent proceedings (référé): usually used when the lease has a clause ending it automatically after unpaid rent and a formal notice, or when the occupant has no right to be there at all. The decision comes relatively quickly but is provisional, and, in court practice, the judge will only rule if there is no serious dispute about the underlying facts. A full case on the merits: needed when the tenant raises a serious defence, for example claiming to have paid, challenging the lease or pointing to repairs the landlord never did. It takes longer, but settles the dispute for good and lets the landlord ask for termination, eviction and the arrears together. For the arrears alone, an order to pay (injonction de payer) may be an option if the debt is backed by written evidence; it is preceded by a notice to pay served by a bailiff. Our guide on debt recovery explains how it works. From judgment to actual eviction A judgment does not empty the property by itself. It must be served on the tenant by a bailiff, who orders them to leave within the time set. If the tenant refuses, the bailiff can request help from the public force (the police). The eviction follows set formalities. Appeals can affect whether and when the decision can be enforced, and this differs by type of decision, so check with your lawyer before acting. If you are the tenant: how to protect yourself Keep every rent receipt , or pay in a traceable way such as a bank transfer. If the landlord refuses your rent in order to claim you are in arrears, you can formally offer the payment and then deposit it through the legal procedure, so that you are not in default. Don't stop paying on your own because repairs haven't been done. Ask for them in writing and, if necessary, ask the court to order them, or to authorise you to carry them out and deduct the cost from the rent. Never ignore a formal notice or a court summons. Offer the landlord a solution and see a lawyer before the hearing. Ending a lease early and giving notice A tenant who wants to leave should start with the lease. Under a fixed-term lease, you generally cannot leave before the end date without the landlord's agreement or a clause that allows it. Under an open-ended lease, follow the notice set in the contract; if it says nothing, the lease runs from one rent period to the next (for example month to month) and local custom governs notice. Give notice in writing in a way that proves the date, hand back the keys against a signed receipt, and do a check-out inspection of the property. Getting your deposit back, and older leases The deposit is normally returned at the end of the lease, minus any unpaid rent and the cost of damage beyond normal wear and tear. A move-in and move-out inspection with dated photos is the best way to avoid an argument. If the landlord refuses to return the deposit without good reason, you can make a written demand and then go to court. Finally, some very old leases fall under Law No. 76-35 of 18 February 1976 on relations between owners and tenants. It covers premises built before 1954 (or, in some cases, before 1970) that have been let since the late 1970s, gives the tenant a right to stay and sets different eviction rules. If your lease is old, have a lawyer look at it first. Commercial leases have a separate regime that this guide does not cover. Frequently asked questions Can a landlord evict a tenant without a court order in Tunisia? No. Eviction requires a court decision, normally after a formal notice served by a bailiff, and it is carried out by the bailiff. Self-help eviction makes the landlord liable. The tenant won't leave even after the judgment. What now? The bailiff continues enforcement and can ask the police for assistance. Don't step in yourself. Does a lease have to be in writing? A verbal lease is valid, but without a written lease it is treated as open-ended, because a lease of a building for more than a year must be in writing. Proving it and the agreed rent is also harder. Receipts, bank transfers and witnesses help show the tenancy existed. How long does an eviction take? It varies widely with the route chosen, the court, the tenant's defence and any appeals. A complete file from the start saves time. When should you see a lawyer? Both landlords and tenants gain from seeing a lawyer before a formal notice is sent, or as soon as one arrives. A lawyer picks the right procedure and court, checks which rules govern the lease, drafts the claim so it isn't thrown out on a technicality, and follows the enforcement through. The site's directory lists lawyers registered with the ONAT by city, and if money is tight, read our guide on legal aid. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026