Social housing and eviction: what the judgment means for landlords
Social housing in an eviction case is not an add-on to the judgment: the court must always decide whether the tenant is entitled to a social tenancy. If the court grants that right, the eviction waits until the municipality makes a social tenancy offer. And until the tenant moves out? The landlord can claim compensation from the former tenant and, if the municipality fails to make an offer, from the municipality as well. All of this is governed by the Tenants’ Rights Protection Act. In October 2026 the question is urgent, because the winter protection period starts on 1 November.
Why does the court rule on social housing in an eviction case, and what does it depend on?
Because the Act requires it. Art. 14(1) says it plainly: in a judgment ordering a tenant to vacate the premises, the court rules whether the tenant is entitled to a social tenancy. The unit is provided by the municipality where the apartment is located. And no, the court does not wait for either party to ask. Under Art. 14(3) it examines the matter on its own initiative, looking at how the tenant used the apartment and at their financial and family situation.
There are also people the court cannot refuse this right. Art. 14(4) lists:
- a pregnant woman, a minor, a person with a disability or a bedridden person,
- a retiree or disability pensioner who meets the criteria for social assistance,
- an unemployed person and persons named in a resolution of the municipal council.
But note this. For a private landlord, the key provision is Art. 14(7). It switches off the list above if the tenant lost the right to an apartment outside the public housing stock. In that case the court assesses the tenant’s situation individually, under paragraph 3, and grants nothing automatically. There is also Art. 17(1), which excludes Articles 14 and 16 in cases of domestic violence, gross or persistent breaches of house rules, and occupying the premises without legal title. We cover that scenario in our article on what to do when a disruptive tenant and neighbor complaints become part of everyday life.
Eviction judgment with a right to social housing: when you get your apartment back
In short: when the municipality makes a social tenancy offer. Not before. Art. 14(6) requires the court to suspend enforcement of the eviction until exactly that moment. How long does the municipality have? The Act does not say. On the other hand, a judgment without a right to social housing does not mean the tenant ends up on the street the next day either. The bailiff takes over from there, and when and how they step in is explained in our article on how a tenant eviction works. This is where temporary accommodation comes in.
Replacement unit vs social housing vs temporary accommodation: how do they differ?
These are three separate legal concepts. In an eviction for rent arrears, what comes into play is social housing or temporary accommodation. A replacement unit? Not really. It is defined in Art. 2(1)(6): it must be in the same town, have at least the same technical facilities and the same room area. It applies when the landlord terminates the lease because they want to live in the unit themselves (Art. 11(4)), or when the building is demolished or renovated (Art. 11(9)). In both cases the obligation lies with the landlord, not the municipality.
Temporary accommodation, in turn, is premises with minimum living standards under Art. 2(1)(5a). The agreement is concluded for one to 6 months (Art. 25b). It is available when the judgment did not grant a right to social housing and the debtor has nowhere to move (Art. 25c). Under Art. 1046 § 4 of the Code of Civil Procedure, the bailiff suspends the eviction until the municipality designates such accommodation. However, the bailiff will not suspend it if suitable accommodation is designated by the creditor, the debtor or a third party (§ 5). And if there is no right to temporary accommodation at all, the municipality designates a night shelter or a homeless shelter (§ 5¹). Art. 25d excludes this right, among other cases, for an occasional lease registered under Art. 19b(1) and in cases of violence or gross breaches of house rules.
| Social housing | Replacement unit | Temporary accommodation | |
|---|---|---|---|
| When it applies | The judgment grants a right to social tenancy | Termination for the landlord’s own use, demolition or renovation of the building | Judgment without a right to social housing |
| Who provides it | Municipality | Landlord | Municipality, or alternatively the creditor, the debtor or a third party |
| Does it suspend the eviction | Yes, until the municipality makes an offer | Yes, if the court suspends the eviction until a replacement unit is provided | Yes, until accommodation is designated |
| What the occupant pays until moving out | Compensation equal to the social rent, the municipality covers the difference | Compensation equal to the previous rent and charges (Art. 18(3)) | Compensation under Art. 18(1) |
What about the money until the tenant moves out? Compensation from the tenant and from the municipality
The money is not lost: until moving out, the former tenant pays compensation, and if the municipality fails to provide a unit, part of the cost falls on it. Art. 18(1)-(2): a person occupying premises without legal title pays each month an amount equal to the rent the landlord could get for the apartment. On top of that, the landlord can claim supplementary compensation. It works differently for a person who has a right to social housing and whose eviction has been suspended. They pay at the social tenancy rate applicable in the municipality, and the municipality pays the difference (Art. 18(3a)). Then there is Art. 18(5), meaning compensation from the municipality for failing to provide social housing, which is claimed under Art. 417 of the Civil Code.
Eviction in winter: housing and the protection period from 1 November to 31 March
Art. 16 is simple: from 1 November to 31 March, eviction judgments are not enforced if the evicted person has not been given premises to move to. What does that mean in practice? You have a judgment from October 2026, the tenant has not been designated a unit or temporary accommodation, so the eviction will wait until spring. The ban does not apply to the situations in Art. 17(1), that is, violence, gross breaches of house rules and occupying the premises without legal title. We set out the exceptions and details in our article on how the winter eviction ban works.
What a landlord can do right now
Handling things one at a time does not pay off. It is better to act on three fronts at once: the court, the municipality and the evidence.
- File a claim for vacating the premises and request payment of compensation in the same claim.
- Ask the municipality in writing to make a social tenancy offer.
- Document the arrears, the lease termination and all correspondence with the tenant and the municipality.
- Consider designating temporary accommodation to the bailiff under Art. 1046 § 5 of the Code of Civil Procedure.
You can keep the lease, the termination notice and the correspondence in the document library assigned to the unit in Tenanto. At the hearing you then have everything at hand, without digging through emails. If the dispute concerns how the apartment was used, or you want to pursue a claim against the municipality, talk to a lawyer. Social housing in an eviction case delays getting your apartment back, that is a fact. But it does not take away the landlord’s right to the money.
Frequently asked questions
Not always. Art. 14(7) switches off the list of protected persons in paragraph 4 if the tenant lost the right to premises outside the public housing stock. In that case the court looks at their financial and family situation and at how they used the apartment, as provided in paragraph 3.
No. In a typical eviction we are talking about social housing or temporary accommodation. A replacement unit is provided by the landlord, and only in the situations covered by Art. 11, for example when they want to live in the unit themselves or are renovating the building.
From both. The former tenant pays compensation under Art. 18, and the municipality covers the difference between that amount and the full compensation (Art. 18(3a)). For damage resulting from the lack of social housing, the landlord can sue the municipality under Art. 18(5) in conjunction with Art. 417 of the Civil Code.
