Evicting a relative or former partner living in my apartment without a right: what to do under Georgian law

What to do

1. Classify the occupancy: free residence with the owner's consent is a loan for use (თხოვება) (Civil Code, Art. 615). If the person pays for the housing, it is a lease (a separate case). A co-owner may recover property only in favour of all co-owners (Civil Code, Art. 173). A spouse or a flat acquired in marriage falls under family law (a separate category). Check the registry extract.
2. End the right: a lawful holder cannot be subject to a claim for return directly; first, their right of use is terminated (Civil Code, Art. 162). A written demand to vacate within a reasonable time, with proof of delivery: if there is no time limit or purpose, the owner may demand return at any time (Civil Code, Art. 621). If there is a term, the owner may withdraw early if the housing is needed because of an unforeseen circumstance (Civil Code, Art. 622). The borrower may not admit third parties without the owner's consent (Civil Code, Art. 618).
3. Claim to the court at the location of the flat, against all adult occupants: the owner may recover housing from a holder who has no right of possession (Civil Code, Art. 172). Upon a party's request, the court may order that a decision on recovery of immovable property be enforced immediately (Civil Procedure Code, Art. 268).
4. Enforcement: eviction is carried out by the National Bureau of Enforcement, which removes the debtor and everyone with them, together with their belongings (Law of Georgia on Enforcement Proceedings, Art. 84). The period for voluntary compliance set in the Bureau's warning is 10 calendar days; after that, compulsory enforcement with police assistance follows (Law on Enforcement Proceedings, Art. 84).
5. Do not evict them yourself: self-help that causes significant harm is a crime (Criminal Code, Art. 360). For threats or violence, go to the police. In cases of domestic violence, an emergency restraining order may remove the aggressor from the housing, even if they are the owner (Law of Georgia on Domestic Violence, Art. 10).
6. Registration at an address does not give a right to housing. After the person moves out, they may be deregistered upon an application stating that they have not lived at the address for the last six months, supported by two witnesses (Rules for Registration and Deregistration of Citizens and Foreigners Residing in Georgia, Art. 20).
7. Where to apply: the district (city) court; the National Bureau of Enforcement; the police (violence, restraining order); the Public Service Hall (registration at the address).
8. Evidence: the registry extract; the absence of a lease agreement and rent payments; the demand to vacate and proof of delivery; correspondence and witnesses; who actually lives in the flat.
9. Pitfalls: changing the locks, removing belongings or cutting off electricity is self-help; suing one occupant when their whole family lives there; expecting eviction by the police without a court order, as no such procedure exists any more; failing to check whether the occupant has become a co-owner (through inheritance or marriage).

Be sure to check

• legal nature of the occupancy (loan, lease, co-owner, spouse); registration at an address does not confer a right
• termination of free use by a written demand
• claim for return (eviction) in court with immediate enforcement
• enforcement through the National Bureau of Enforcement and the prohibition on self-help
• deregistration after the person moves out