If you have concluded a lease agreement for housing, the right to demand restitution depends on the agreed term and purpose, as well as on the circumstances provided by law. The easement is free use: the person receives the good for use and must return it. If the occupier does not leave voluntarily after their right of use has expired, the eviction takes place through the legal procedure, not by changing the lock or removing the goods.

What is the comodat and how is it different from renting?

Article 2.146 of the Civil Code defines usufruct as a gratuitous use loan: the usufructuary lends a movable or immovable asset, and the usufructuary uses it and then returns it. By contrast, Article 1.777 of the Civil Code defines the location through the use of the property in exchange for a price, called rent.

Therefore, it is important what the parties actually agreed on, not just the name on the document. If the occupier pays certain expenses, such as utilities, that alone does not prove that there is rent; the nature of the amounts and obligations in the specific report must be analyzed.

When should the house be returned?

According to Article 2.155, paragraph (1), the cosigner returns the property upon the completion of the agreed term or, if no term has been established, after using it in accordance with the agreement. The contract should clearly describe the duration and purpose of use, especially when it concerns a dwelling.

If there is no term, Article 2.155, paragraph (2) allows the request for restitution when the contract does not specify the use of the good or when the agreed use is of a permanent nature. If the agreed purpose involves a temporary use, the restitution is analyzed in relation to that purpose and with the evidence regarding the parties’ understanding. The absence of a date in the contract does not, in itself, mean that the owner can immediately evict the person from the dwelling.

Can restitution be requested before the deadline?

Yes, but the law provides for certain situations. According to Article 2.156 of the Civil Code, The trustee may request restitution before the established time when he himself has an urgent and unforeseen need for the good, when the trustee dies or when he violates his obligations.

These grounds must be reported in the facts and documents of each case. For example, if an urgent need is invoked, the specific circumstances and the urgency and unforeseen nature of the need matter. If the breach of the contract is invoked, identify the obligation breached and preserve the evidence. The law does not set a general 30-day notice period for any lease agreement; the notice period depends on the basis and procedure used.

Is a written contract necessary?

Article 2.146 describes usufruct by handing over the property for use and the obligation of restitution. Although the written agreement may not be required for the validity of each usufruct, a written document is essential in practice: it establishes who gave and received the property, when the use began, the purpose, duration, rules of use, and the time of restitution.

It is useful to keep the contract and the additional documents, the proof of handing over the keys, the inventory or the condition of the property upon handover, the correspondence between the parties, the notifications and confirmations of communication. Also check whether the person who handed over the property had the right to put it into use; according to Art. 2.147, the comodant can be the person who has the right to use the property, unless the law or the contract prohibit this.

When can the contract be executed directly?

The existence of the right to demand restitution and the possibility of direct enforcement are separate issues. Article 2.157 stipulates that, under the law, the authentic contract or written instrument signed with a certain date can constitute an enforceable title for restitution upon the death of the grantor or upon the expiration of the term. When no term has been established, the law treats separately the situation where the use of the good has not been provided for or the use is of a permanent nature.

Therefore, not every signed contract automatically allows the commencement of forced execution and it should not be assumed that the basis for early restitution has the same effects as the expiration of the term. Before taking any action, check the form of the document, how the right of use expired and whether the conditions of the enforcement title are met.

What can you do if the person does not release the apartment?

If the right of use has ceased, but the person remains in the dwelling, the Code of Civil Procedure provides for a special eviction procedure for properties occupied without permission. In accordance with Art. 1.033, the occupier may be a person who uses the property with the permission of the owner, when that permission has ceased. According to Art. 1.038, the owner must notify the occupier in writing to vacate the property within 5 days of the notification.

If the property is not released, the owner may request the court to order eviction for lack of title, pursuant to Article 1.040. The special procedure is optional; Article 1.034 also allows the use of the common law procedure. The classification of the relationship and the existence of disputes regarding the duration or termination of use may influence the appropriate course of action.

The 5-day period in Article 1.038 refers to the notification to the occupier within the special evacuation procedure. It is not a general notice period that automatically terminates any lease agreement. Until the situation is clarified, avoid changing locks, interrupting utilities, or removing the occupier’s belongings: use the notification and the appropriate legal procedure.

Which documents are useful?

  • the lease agreement, the additional documents and the proof of handing over the apartment;
  • documents showing the grantor's right to put the property into use;
  • the messages and instructions regarding the term, purpose and conditions of use;
  • the notification of the refund and the proof of communication;
  • documents that support the grounds invoked for early restitution or the expiration of the deadline.

In short: The date and conditions of restitution are first read from the contract and from Articles 2.155–2.156 of the Civil Code. The enforcement title is not automatic for any inscription. If use has ceased and the occupier refuses to leave, the notification and eviction are carried out through the appropriate legal procedure; easement does not entitle to eviction by force itself.

General information verified on November 1, 2026. The concrete solution depends on the contract, the evidence, and the grounds for termination of use.

Official sources