Arbitrarily occupies or takes possession of an apartment, a paid hospitality and other commercial accommodation put into use, office or corporate buildings, or any other buildings or premises which are open to the general public, or any structure other than buildings or land the person who does not have, or no longer have, any legal title to use it. In the latter two cases, an additional condition for the classification as an arbitrary apartment occupant is that 60 days must have passed since the termination of the previous legal title of the arbitrary apartment occupant. (Vht. 183/A.§, 183/B.§, 183/C.§).

A petition for the evacuation of a residential suite occupied unlawfully shall be submitted with the district court where the property in question is located.

The petition shall contain: a) the particulars of the petitioner, and the address, telephone number etc. where can be reached; b) the address of the property; c) particulars of the owner of the property; d) the name(s) of the tenant(s) of the property, and the legal title of their tenancy; e) particulars of the persons staying in the property, the number of such persons and whether there is a minor among them; f) the action requested, g) description of the premises or storage facility designated by the petitioner as the place where the obligor’s belongings will be deposited at the cost and risk of the obligor.

If the petition is in compliance with the requirements, the court order the evacuation of a residential suite occupied unlawfully within five working days from the date when the petition was submitted. It contains instructions to the bailiff to take action for the evacuation of the property within three working days after the costs of the enforcement procedure are advanced, and to notify the chief of the competent police department along with the competent child custody office if a minor is involved. The court shall deliver such decree forthwith by service of process to the petitioner and to the bailiff. The bailiff shall serve the decree in person in the presence of a police officer or a witness on the person of legal age who stays in the residential property in question, and shall order this person to vacate the premises together with any other persons in the property and to remove all their belongings within two days. If, at the time of the proceeding there is no one to be found in the property, other than a minor, the bailiff shall post the court ruling and the report on the on-site proceeding on the entrance door of the residential suite. The bailiff shall inspect performance after two days – by police assistance if necessary – on the site, and shall proceed to have the residential suite vacated. If a minor is involved in the case, a representative of the child custody office shall also attend the on-site procedure. The bailiff shall post the report on the on-site proceeding on the entrance door of the property in which to specify the place where the things and articles from the property were deposited and the child custody office that has taken custody of the minor(s) in the property. (Vht. 180. §)