What happens if the previous owner doesn't move out?

The concept is uncomfortable: You bid on an object, receive the award, but the previous owner simply continues to reside there. In practice, this scenario is rarer than many think, but it does happen. It is important to know that as the new owner, you are by no means without rights. With clear legal instruments, a tactical approach, and a dose of empathy, the risk of "not moving out" can be managed without turning your investment into a long-term conflict zone.

1 Legal Situation After the Award

1.1 Transfer of Ownership

Award = original acquisition (Art. 656 of the Swiss Civil Code), you become owner as soon as the enforcement office grants the award.
Entry in the land register has a declaratory effect, rights commence with the award decision.

1.2 Possession vs. Ownership

Although the previous owner is legally no longer the owner, they often remain the possessor. Swiss law also protects possession, so you will need a legally enforceable title to evict them from the house.

2 Practical Steps for Eviction

Setting a Deadline Immediately after the award, set a reasonable move-out period (usually 30 days) in writing.
Involve the Enforcement Office The office will inform the debtor again about the legal situation, often, this is sufficient for an amicable solution.
Filing an Eviction Lawsuit If there is no response, file an eviction lawsuit with the justice of the peace.
Judgment & Enforcement Eviction After the final judgment, the court instructs the bailiff/enforcement officer, with costs typically borne by the party that loses (i.e., the former owner).

“Patience saves money. In over 70% of cases, the move-out occurs within the set deadline without a formal eviction lawsuit.”

3 What Costs May Arise?

Item	Range CHF	Saving Tip
Lawyer / Legal Representation	1,500 - 4,000	Check legal protection
Court Fee	800 - 1,500	Aim for an amicable solution
Enforcement Eviction (Moving, Disposal)	2,000 - 6,000	Offer for moving cost assistance
Delayed Rental/Usage Income	variable	Account for a buffer of 3 months

4 Five Strategies to Avoid Conflicts

Early Dialogue Contact before the auction, signal moving assistance, respect reduces resistance.
Offer Handover Protocol Written documentation of the condition, small repayment (goodwill) for proper eviction.
Short-Term Rental Agreement Interim solution of 1-3 months eases the debtor, creates a clear legal basis.
Insurance Against Loss of Use Some property insurers cover income losses for up to 6 months.
Plan for a Buffer Budget 10% reserve for delay costs, so you stay calm.

5 Case Study: Zurich Multi-Family House

Investor V. acquired a multi-family house in Zurich-Wiedikon in 2024. The debtor refused to move out. Actions Taken: Deadline set for 30 days, offer: CHF 3,000 moving allowance. Result: Voluntary move-out after 21 days, cost savings versus eviction ≈ CHF 7,500, project start on schedule.

6 Quick Checklist After the Award

Secure award protocol + land register excerpt
Written move-out deadline (registered mail)
Inform enforcement office and set an appointment
Legal protection / lawyer on standby
Check buffer & insurance

7 FAQ

Can I simply "lock out" the former owner?

No. Unauthorized possession deprivation is punishable by law. Always choose the legal route through an eviction lawsuit.

Must I accept a handover if the property is damaged?

You can claim damages after the award in court, secure evidence (photos, reports) immediately.

8 Conclusion: Clear Rules, Clear Plan, It Will Work

A non-moving former owner is not a dealbreaker but an manageable event. With legal know-how, clear deadlines, and a touch of negotiation skill, any property can be quickly vacated. Plan realistically, act respectfully, and your foreclosure purchase will remain on track for success.