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 principle, however, is not new to Kazakh legislation. It has been regulated by the Law "On Housing Relations" since 1997. For nearly three decades, this judicial eviction procedure has applied to both property owners and tenants alike.

Elevating this rule 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 a priority right to manage their asset, including demanding its vacation. For instance, if a tenant violates the rental agreement—by failing to pay rent, missing payment deadlines, or damaging property—the owner has full authority to terminate the contract and demand that the premises be vacated. Forced eviction is permissible through a legally established court process.

Furthermore, housing relations are based on civil contracts. The law affords an advantage to the owner: they can stipulate any reasons for evicting problematic tenants directly within the contract. The law guarantees a judicial review mechanism for forced eviction should a tenant fail to meet their obligations.

In essence, the judicial eviction procedure is an official process that confirms the owner's will and verifies the tenant's compliance with living conditions. If violations are established, it allows the owner to legally reclaim their property.

Consequently, this new constitutional guarantee definitively affirms the priority of property rights at the highest level while protecting citizens from arbitrary displacement.