What happens to the tenant's belongings during eviction?

The bailiff takes a detailed inventory of all personal property. The tenant is summoned to remove it. If absent or refusing, the items are stored at the debtor's expense pursuant to civil procedure rules.

Can a tenant without a written lease be evicted in Tunisia?

Yes, but it requires establishing the tenancy relationship or pursuing eviction on the grounds of unlawful occupancy without title following formal bailiff notice.

Tenant Eviction Procedure in Tunisia: From Injunction to Law Enforcement Assistance

Direct answer: how does a tenant eviction take place in Tunisia?

In Tunisia, the eviction of a tenant (whether under a residential or a commercial lease) can only be carried out on the basis of an enforceable court decision and exclusively through a huissier de justice (judicial officer), the only officer authorised to enforce enforceable titles under Organic Law No. 2018-9 of 30 January 2018 (Article 13). Any use of private force or attempt at unlawful eviction constitutes a criminal offence punishable by imprisonment. The procedure comprises three mandatory phases: 1° service by the huissier of a formal demand to pay within fifteen or thirty days, or of a notice to quit with proper notice; 2° obtaining a summary eviction order, issued by the cantonal judge or the president of the court of first instance; 3° enforcement on the premises by the huissier, assisted by the public authorities if necessary (CPCC Art. 285 et seq.). Average time frames observed in Tunis: 24 to 48 hours (service), 4 to 8 weeks (summary proceedings), 2 to 4 weeks (enforcement).

The procedure at a glance

Step	Who	Indicative time limit	Legal basis
1. Formal demand to pay or notice to quit	Huissier de justice, at the request of the landlord	24 to 48 hours (service)	Organic Law No. 2018-9 (art. 13)
2. Summary eviction order	Cantonal judge or president of the Court of First Instance	4 to 8 weeks	CPCC
3. Physical enforcement of the eviction	Huissier de justice, with the public authorities in the event of resistance	2 to 4 weeks	CPCC (art. 285 et seq.)

1. Legal foundations of eviction

Code of Civil and Commercial Procedure (CPCC): Articles 285 et seq. governing enforcement against real property and the vacating of premises.
Organic Law No. 2018-9 of 30 January 2018 (Article 13): grants huissiers de justice the monopoly over the enforcement of enforceable titles.
Legislation on residential and commercial leases (Law No. 76-35 and the Commercial Code): providing for the grounds for automatic termination and the formalities for notices to quit.

What are the legal steps to evict a defaulting tenant in Tunisia?

The procedure for evicting a defaulting tenant is structured around 3 strict procedural steps:

Step 1: The prior formal demand by a huissier de justice

Before any application to the judge, the landlord instructs a huissier to serve a formal act on the tenant:

Formal demand to pay within fifteen or thirty days (in the event of rent arrears).
Notice to quit with proper notice (where the lease term has expired).

Step 2: The summary eviction order

If the tenant does not comply:

The competent court (cantonal judge or president of the Court of First Instance) is seised in summary proceedings to have the termination of the lease recorded and to order the vacating of the premises by the tenant and any occupant claiming through the tenant.
This order is accompanied by provisional enforcement on the original or after service.

Step 3: The physical enforcement of the eviction

Holding the enforceable copy:

The huissier de justice serves the order together with a formal demand to vacate the premises within the prescribed time limit.
On the appointed day, the huissier goes to the premises. If the tenant has vacated the property, the keys are handed over to the owner after an inventory of fixtures.
In the event of resistance, the huissier calls in the police or gendarmerie (القوة العامة) after a lawful requisition from the governor or the public prosecutor, and has the locks changed. Any remaining furniture is inventoried and stored in accordance with the law.

For more information: Enforcement and evictions by the Baffoun office.

3. Average time frames observed in Tunis

Formal demand / notice: 24 to 48 hours for service by the huissier.
Court decision in summary proceedings: 4 to 8 weeks depending on the court.
Physical enforcement after judgment: 2 to 4 weeks (legal grace period and requisition of the security services).

Contact the office of Maître Nabil Baffoun

📍 32 Avenue de la Liberté, Lafayette, 1002 Tunis
📞 +216 99 442 883
📝 Rental dispute assistance