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  6. Illegal Eviction Defense

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IllegalEvictionDefense

Can a landlord kick me out for unpaid rent?

No, a landlord cannot forcibly evict you. They must apply to the court and obtain an eviction order.

What if my locks were changed?

Call the police immediately to record the incident. This can be considered a violation of domicile.

Is illegal eviction a crime?

Yes, if done illegally, with violence or threats, it qualifies as a criminal offense (Article 160 or 360).

How long does court eviction take?

The court process can take several months, giving the tenant time to stay in the apartment until a decision is reached.

Reading Time

2 min

Published

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Illegal eviction is the act of forcibly removing a person from their residence by an owner or another person without a court order or legal basis. In Georgia, this issue is often acute in disputes between landlords and tenants or during family conflicts. The Criminal Code (Article 160) protects the inviolability of a person's dwelling, meaning no one has the right to enter or evict a possessor against their will, except as explicitly provided by law (e.g., enforcement by police). Following the abolition of "police eviction" rules, eviction is permissible only via a court decision. Arbitrary eviction (throwing out belongings, changing locks) can be qualified as a crime. Legal.ge offers lawyers who will help you protect your right to housing or, conversely, defend against accusations if you acted lawfully.

What Does Illegal Eviction Defense Service Cover?

Our lawyers offer both criminal and civil defense:

  • Checking Eviction Legality: Determining if there was a court decision or other legal basis for eviction.
  • On-Site Rights Protection: Calling police and providing legal response on the spot to stop arbitrariness.
  • Filing Criminal Complaint: If eviction involved violence or illegality, filing a complaint with the prosecutor's office to start an investigation under Article 160.
  • Damage Compensation: Filing a civil lawsuit for material and moral damages caused by illegal eviction.
  • Defending the Accused: If an owner is charged with illegal eviction, the lawyer works to prove they had the right to act (e.g., the tenant left voluntarily).

Real-World Scenarios When You Need This Service

Illegal eviction happens when:

  • Rent Non-payment: A landlord throws out a tenant's belongings due to unpaid rent, bypassing the court.
  • Mortgage: A private lender tries to evict a debtor without police involvement.
  • Family Dispute: A spouse or family member locks another member out.

Georgian Legal Framework and Regulations

Illegal eviction intersects criminal and civil law. Article 160 of the Criminal Code (Violation of Domicile) and Article 360 (Arbitrariness) protect the possessor. The Civil Code and eviction rules establish that only the court and Enforcement Bureau can carry out eviction lawfully.

Service Process

Working with a lawyer on Legal.ge involves:

  1. Assessment: Does the person have a legal right to be in the apartment?
  2. Response: Involving law enforcement or applying to court.
  3. Restoration: Restoring possession of the apartment through legal means.

Why Choose Legal.ge?

Losing one's home is a tragedy. Our lawyers protect your right to housing and fight against illegal arbitrariness.

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