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Tenant eviction in Luxembourg

In Luxembourg, evicting a tenant requires a decision of the justice of the peace: the landlord must have the termination of the lease established (for example for unpaid rent) and obtain a judgment authorising the eviction, which is then enforced by a bailiff. The procedure takes time and must comply with the required forms. The firm manages the whole process.

In short

In Luxembourg, evicting a tenant requires a decision of the justice of the peace: the landlord must have the termination of the lease recognised, for instance for unpaid rent, then obtain a judgment authorising eviction, enforced by a bailiff. No de facto eviction is possible. Cerno Law Firm manages the procedure.

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Maître Cora Maglo, Avocate à la CourResponsible for legal content: Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009. · Applicable law: Luxembourg

Tenant eviction in Luxembourg: key points at a glance

Fees, timeframes, documents and deliverables
ItemWhat to know
FeesAnnounced fees. Fixed fee per phase; bailiff's costs are separate.
Indicative timingSeveral months in practice: a court decision followed by an enforcement period; acting quickly and in due form is decisive.
Documents required
  • Lease and receipts/reminders
  • Statement of unpaid amounts
  • Correspondence with the tenant
Deliverables
  • Formal notice and termination
  • Proceedings before the justice of the peace
  • Enforcement monitoring

Eviction is tightly regulated: no eviction by self-help is possible, and any irregularity of form delays the outcome by several months.

Cerno Law Firm secures the termination, the proceedings before the justice of the peace and the enforcement, within the time limits.

Tenant eviction in Luxembourg: when should you call on the firm?

Your tenant no longer pays or will not leave the property.

Eviction requires a court decision and strict compliance with the required forms.

What happens if you do nothing?

A procedure prolonged by several months for lack of formality, self-help engaging the landlord's liability, the winter truce.

Acting without an enforceable title exposes the landlord.

How does the firm step in?

Formal notice, application for termination and eviction before the justice of the peace, monitoring of the judgment and of enforcement by a bailiff.

Advice on time limits and the winter truce.

Practice areas

When to call on the firm

  • Evict a tenant for unpaid rent.
  • Recover a property after a notice that was not honoured.
  • Secure the procedure before the justice of the peace.
  • On the tenant's side, challenge an irregular eviction.

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Announced fees

Fixed fee per phase; bailiff's costs are separate.

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FAQ

Frequently asked questions

Can a tenant be evicted without going to court?

No. Any eviction requires a court decision (justice of the peace) and enforcement by a bailiff; an eviction by self-help engages the landlord's liability.

How long does an eviction take?

Generally several months: the time needed to obtain the judgment and then to enforce it, subject to any grace periods granted and to the winter truce.

Is there a winter truce?

Restrictions on the enforcement of evictions apply during the winter period; the firm takes these into account in the strategy.

Member of

Affiliations & professional networks

  • Barreau de Luxembourg
  • European Immigration Lawyers Network (EILN)
  • Union des Avocats Européens (AEA)
  • Cross Border Advisory Solutions
  • Institut Luxembourgeois des Administrateurs (ILA)
  • Association Luxembourgeoise des Juristes de Droit Bancaire (ALJB)

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Written by Maître Cora Maglo, attorney at law.

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Founded in 2013; Maître Cora Maglo has been admitted to the Luxembourg Bar since 2009

2013
independent firm
2009
at the Bar since 2009
4,7/5
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Expertise & authority

Ongoing review and analysis of Luxembourg and European case law

Avocate à la Cour, List I of the Luxembourg Bar since 2009

Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners

Member of international networks: EILN, AEA, Cross Border Advisory Solutions

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The firm referenced and cited

Professional directories, business press and legal publications where Cerno Law Firm and Maître Cora Maglo are referenced.

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  • AmCham Luxembourg
  • ICLG, Corporate Immigration
  • Lexology
  • Startup Luxembourg
  • Alumni Université de Strasbourg
  • DatoCapital
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  • Sitipro
  • Opendi Luxembourg
  • Yellow.lu
  • Luxembourg.co
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