The Sample 13 payment order is a legal procedure utilized by landlords to collect unpaid rent and initiate the eviction of a tenant through enforcement proceedings. This process is governed by the relevant articles of the Enforcement and Bankruptcy Law.
Process for Tenant Eviction Using Sample 13:
- Preparation of the Enforcement Request:
- The landlord submits an enforcement request to the authorized enforcement office.
- This request must explicitly state the demand for the tenant's eviction and detail the unpaid rent amounts along with the specific months they pertain to.
- Issuance and Notification of the Payment Order:
- Based on the enforcement request, the enforcement office issues the Sample 13 payment order and serves it to the tenant within three days.
- This payment order informs the tenant of their right to object within seven days and specifies that, for residential and commercial leases, the rent debt must be paid within 30 days.
- Tenant's Objection or Payment:
- The tenant may object to the payment order within seven days of receiving it. If an objection is filed, the enforcement process halts, and the landlord must apply to the enforcement court to have the objection lifted.
- If the tenant does not object and fails to pay the debt within the specified period, the landlord can request eviction.
- Eviction Request:
- The landlord must apply to the enforcement court for the tenant's eviction within six months following the end of the payment period.
- The court reviews the case and, if appropriate, issues an eviction order, which is then executed by the enforcement office.
It's crucial to follow legal procedures accurately and thoroughly during this process. Therefore, seeking assistance from a legal professional is advisable.