New constitutional reform tightens eviction rules with judicial oversight
A new constitutional reform has reinforced protections against unlawful evictions, ensuring that no one can be removed from their home without a court order. The changes, outlined in Article 28 of the updated Constitution, prioritise the rights of lawful property owners while requiring judicial oversight for all eviction cases—whether due to state needs, foreclosure, or lease violations.
Under the reform, any forced eviction or deprivation of housing must now receive judicial approval. Courts will first verify whether an individual has a legal right to occupy a property, confirming that only the lawful owner can dispose of it. This builds on existing protections in the Civil Code (Article 188) and the Housing Relations Law (Article 8), which already prohibited unlawful evictions.
In 2025, out of 2,700 eviction cases reviewed, only 6% (160 cases) involved tenants. Courts ruled in favour of eviction only when lease terms were clearly breached. The reform also seeks to stabilise housing contracts, reduce disputes, and improve transparency in real estate transactions. Aslambek Mergaliyev, Chair of the Supreme Court, clarified that the new provisions strengthen property rights and market discipline. He noted that the most common legal challenges arise when no formal lease agreement exists, making it harder to prove occupancy rights. The process contrasts with systems like Germany's, where landlords must follow strict steps—issuing valid termination notices, filing lawsuits, and obtaining enforceable court orders—before eviction can proceed. However, no direct changes to German procedures have been linked to the new constitutional rule as of 2026.
The reform solidifies judicial oversight as the sole legal path for evictions, reinforcing protections for both tenants and property owners. By requiring court approval for all removals, the law aims to reduce disputes, ensure fair processes, and maintain stability in housing agreements. The changes apply to all cases, from lease violations to state-initiated displacements.
