Justice Ministry Explains Constitutional Protection Against Arbitrary Eviction

The Constitution of Kazakhstan now enshrines the rule that eviction from housing is possible only by court decision, Orda.kz reports, citing the Ministry of Justice.

At the same time, the ministry said this rule is not new to Kazakh legislation. It has been in force since 1997 and is already set out in the law On Housing Relations.

This norm is not something new for Kazakh legislation. This rule is regulated by the law On Housing Relations and has not changed since 1997. Thus, judicial eviction procedures have been applied for almost 20 years to both owners and tenants.the Justice Ministry’s press service said. 

Previously, both owners and tenants could also be evicted only through the courts. Now this rule has been given constitutional status.

Giving it constitutional status confirms the state’s intention to protect citizens from arbitrary eviction. the press service said. 

At the same time, the owner’s right to dispose of their property remains in force. A landlord may terminate a contract and demand that a tenant vacate the apartment if the tenant violates its terms by failing to pay, damaging the property or missing agreed deadlines.

Forced eviction is allowed only in accordance with the procedure established by law and only through the courts. the ministry said. 

According to the Ministry of Justice, housing relations are based on a contract, and the owner can specify the terms of eviction in advance. The new rule, the ministry said, both confirms owners’ rights and strengthens tenant protections by making the procedure more transparent.

Original author: Alina Elgeldina

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