When a tenant stops paying, or refuses to move out once the lease has ended, the instinct is often to take the property back yourself. That is exactly where many landlords turn a money problem into a legal one. Bulgarian law offers a clear route, but it runs through written notices, the court and the enforcement officer — not the locksmith.
The provisions below were verified in October 2026. For the tax on rental income and what the lease itself should contain, see our guide to letting out property; we do not repeat it here.
Each of these is an attempt to enforce your right outside the procedure the law provides. Article 323(1) of the Criminal Code (samoupravstvo, unlawful self-help) penalises anyone who "arbitrarily, not in the manner established by law" enforces a right disputed by someone else — in cases that are not minor, with up to five years' imprisonment and a fine, and up to six years where force or threats are used (Art. 323(5)). Beyond the criminal risk, such steps weaken your position in any civil case.
The law protects you too: if a tenant is removed lawfully and then re-occupies the property on their own, they are liable under Art. 323(2) of the Criminal Code, and the enforcement officer will remove them again at your request (Art. 525 of the Civil Procedure Code, GPK).
Gather the lease, the handover protocol, bank statements showing what was and was not paid, and your correspondence. Send a written demand naming the amount and a deadline. The safest way is a notarial notice (notarialna pokana): the notary certifies that it was served, which is evidence you will need later.
| Situation | How it ends | Legal basis |
|---|---|---|
| Fixed-term lease, rent unpaid | Written warning with a reasonable deadline, after which the lease is treated as terminated | Art. 87(1) Obligations and Contracts Act (ZZD) |
| Open-ended lease | One month's notice, no reason needed | Art. 238 ZZD |
| Lease has a non-payment termination clause | As the clause provides | the contract; Art. 9 ZZD |
Three details that are often missed:
Ordinary written lease — Art. 410 GPK. You apply to the district court, on paper or through the Unified e-Justice Portal. The tenant may object within one month without giving reasons (Art. 414 GPK). You then have one month to bring a claim confirming the debt (Art. 415(4) GPK), or the order is cancelled.
Lease with notarised signatures — Art. 417(3) GPK. Such a lease supports an order for its monetary obligations whatever the amount, and the court may grant immediate enforcement and issue a writ (Art. 418 GPK). As a rule, the tenant's objection does not stop enforcement (Art. 420(1) GPK). Point 3 also covers "obligations to hand over specific things", which is why landlords use it for getting the property back — whether it applies in a given case is for the court. Where the obligation depends on another circumstance, such as termination, that circumstance must be shown by an official document or one coming from the debtor (Art. 418(3) GPK) — another reason for the notarial notice.
A promissory note (zapis na zapoved, Art. 417(10) GPK) signed by the tenant at the start is another route to immediate enforcement. Note that here an objection can stop enforcement: Art. 420(1) excludes only points 1–9.
Statutory interest runs on late amounts from the day of default (Art. 86 ZZD). Do not wait too long: rent claims become time-barred after three years (Art. 111(c) ZZD).
If the lease has ended but the tenant will not leave, you sue in the district court for return of the property — the tenant is obliged to return it (Art. 233(1) ZZD). Claims to vacate leased premises are heard in expedited proceedings (Art. 310(1)(2) GPK). If you combine them in the same claim with a claim heard under the general procedure, however, the expedited track is not available (Art. 310(2)–(3) GPK), so discuss with your lawyer whether to pursue the money separately.
With the writ, you turn to a private or state enforcement officer (chasten sadeben izpalnitel, ChSI). They send an invitation for voluntary compliance with a two-week deadline (Art. 428 GPK). For the debt, they can garnish accounts and attach property. For the flat, they set a date and time for putting you in possession, notify both parties and draw up a record on site; if the debtor does not leave voluntarily, they are removed by force (Art. 522(1) GPK). This is the only lawful way to remove a tenant against their will.
The law has no special rules for rental deposits; what you wrote in the lease governs (Art. 9 ZZD). So the lease should say what the deposit secures (rent, utilities, damage) and when it is returned. Keeping it is justified against real claims: unpaid rent and bills, and damage the tenant is liable for. The tenant answers for damage caused during the tenancy unless they prove it was not their fault, and unless proven otherwise the property is presumed to have been received in good condition (Art. 233(1) ZZD). Minor repairs from ordinary use are also theirs (Art. 231(1) ZZD). You make the deduction by a written set-off statement (Art. 103–104 ZZD). A deposit is a limited sum and no substitute for the steps above.
This article is general information, not legal advice for a specific case. If you already have a dispute with a tenant, speak to a lawyer before you act.
If you let out property or are unsure how to set up the lease, call us or visit our office — we will help you put things in place so it never needs to reach court.
