The Essence of the Service: Handing Over Vacated Premises
The handover of real property to the creditor in a vacated condition is the stage of enforcement proceedings at which, by court decision, the debtor must transfer immovable property to the creditor in ownership or use, or persons must be evicted from it. The task of the National Bureau of Enforcement is then to actually vacate the property and hand it over to the creditor — so that neither the debtor nor the debtor's belongings remain on the premises. The rules are set by Article 84 (recovery of immovable property from another's possession or use) of the Georgian Law on Enforcement Proceedings.
In practice this is one of the most stressful categories of enforcement: the dispute concerns a home, emotional and financial stakes are high, and every step of the procedure — from the warning to the day of eviction — is precisely regulated by law. This page describes those steps and the parties' rights at each of them.
The Written Warning and the Period for Voluntary Fulfillment
In a case on the recovery of immovable property from another's possession or use, where the enforceable decision provides for the transfer of the immovable property into the creditor's ownership and use or the eviction (removal) of persons from it, the National Bureau of Enforcement ensures the transfer of the immovable property to the creditor in a vacated condition. The eviction (removal) of the debtor and the persons with them from the immovable property indicated in the enforcement sheet takes place together with their movable property.
The National Bureau of Enforcement hands the debtor a written warning, in accordance with the rules of the Civil Procedure Code, indicating: the period set for voluntary fulfillment of the decision — 10 calendar days; that in case of failure to fulfill the decision voluntarily within the period determined by the Bureau, the eviction (removal) will be carried out by way of compulsion; that in case of the debtor's absence from the place on the day of the enforcement action, the eviction (removal) will be carried out by way of compulsion in their absence; and the date and time of the compulsory eviction. This warning gives the debtor a real chance to leave the premises by themselves and to avoid the costs and tension of a compulsory measure.
Conducting the Eviction: The Creditor's Participation and Duties
The National Bureau of Enforcement notifies the creditor of the date and time of the compulsory eviction, and the creditor is obliged to attend the eviction of the debtor from the immovable property. The creditor's failure to appear is a ground for postponing this enforcement action: the Bureau informs the parties of the new date and time of the compulsory eviction, while a repeated failure of the creditor to appear entails the termination of the enforcement proceedings and the return of the enforcement sheet to the creditor. Appearing at the appointed time is therefore not a mere formality for the creditor, but the condition for the next stage of the creditor's own claim.
The Debtor's Absence, the Description of Property and Liability
If the debtor or their representative attends the eviction and does not vacate the immovable property, the executor is entitled to arrange the removal of the debtor's property themselves; in that case the Bureau is not liable for the loss, damage or destruction of the property. If, despite the warning, the debtor or their representative does not attend the eviction, the executor is entitled, with the permission of the chairman of the Bureau, to enter the immovable property without the consent of its owner or holder, where it was impossible to avoid the damage by other means; when entering, the executor is obliged to use every means to avoid harm to human life and health.
After entry, the executor describes the items placed in the immovable property, draws up an act of description of the property and hands a copy of it to the creditor. If the creditor refuses to receive the act of description, the executor makes a note to that effect in the act. The creditor must ensure the storage of the debtor's items or their transfer to the debtor. The debtor bears the costs of the eviction from the immovable property and of the storage and transfer of the items. The executor draws up a protocol on the eviction, which is signed by the parties to the enforcement proceedings and the persons present; if a party refuses to sign, a note to that effect is made in the protocol. If during the eviction the persons in the immovable property disobey the lawful demands of the executor, the enforcement police or the corresponding territorial organ of the Ministry of Internal Affairs is obliged, on the executor's application, to render proper assistance.
Frequently Asked Questions
How much time does the debtor have to leave voluntarily?
The period indicated in the warning is 10 calendar days. After its expiry the eviction is carried out by way of compulsion, on the fixed date and at the fixed time.
What follows if the creditor fails to appear?
A first failure to appear is a ground for postponing the action; a repeated failure entails the termination of the enforcement proceedings and the return of the enforcement sheet to the creditor.
Can the executor enter the premises without consent?
Yes, where the debtor is absent, with the permission of the Bureau's chairman and where the damage could not be avoided by other means; in entering, the executor must take every measure to avoid harm to human life and health.
Who records the debtor's belongings and who bears the costs?
The executor describes the belongings, draws up the act of description and hands a copy to the creditor; the creditor ensures storage or transfer to the debtor. The costs of eviction, storage and transfer are borne by the debtor.
How We Help on Legal.ge
Handing over vacated premises demands precise knowledge of the procedure from both the creditor and the debtor — including the deadlines, the content of the warning and the paths of challenge. On the Legal.ge platform you can find an experienced enforcement and civil law lawyer who will help you bring the decision to enforcement, monitor the warning and the enforcement actions and, where necessary, challenge the executor's actions. Choose a specialist and protect your rights at every stage of the transfer of real property.