Kazakhstan's 2026 Constitution Strengthens Judicial Eviction Process

The new Constitution of Kazakhstan, adopted by national referendum on March 15, 2026, introduces a significant provision reinforcing the inviolability of the home. The fundamental law now explicitly states that eviction from a dwelling is permitted only by a court decision.

This constitutional guarantee, however, does not establish a new legal principle for the country. The rule has been enshrined in the Law "On Housing Relations" since 1997. For nearly three decades, this judicial procedure has applied to both property owners and tenants alike.

Elevating this norm to constitutional status underscores the state's commitment to providing the highest level of protection for citizens against arbitrary eviction. The law grants the property owner the primary right to manage their asset, including demanding its vacation.

For instance, if a tenant violates rental agreement terms—such as failing to pay rent, missing payment deadlines, or damaging property—the owner has full authority to terminate the contract and request the premises be vacated. Forced eviction must then follow the legally established judicial process.

Housing relations are fundamentally based on civil contracts. The law affords an advantage to owners: they can stipulate specific grounds for evicting problematic tenants directly within the rental agreement. The legal framework ensures a judicial review mechanism is available for forced eviction when a tenant fails to meet their contractual obligations. This underscores the need for all parties to carefully consider and understand lease terms.

In essence, the judicial eviction procedure is a formal process that validates the owner's rights and confirms any breaches of tenancy conditions by the occupant. Upon establishing violations, it enables the owner to legally reclaim their property.

Consequently, this new constitutional guarantee serves a dual purpose: it definitively affirms the primacy of property rights at the highest legal level, making eviction proceedings transparent and predictable for all involved; simultaneously, it provides robust protection for citizens against capricious displacement from their homes.