The Eviction Process in Romania (Evacuarea)

Evicting a tenant (evacuarea chiriașului) in Romania, governed primarily by the Romanian Civil Code (Law No. 287/2009, effective 1 October 2011) and the Civil Procedure Code (Law No. 134/2010), presents a striking duality. If a landlord relies purely on traditional litigation with an unregistered contract, the process can drag out for 6 to 12 months. However, if the landlord utilizes specific administrative tools—namely, ANAF registration or a Notarial Deed—they unlock an aggressively fast, streamlined framework for rent collection and term-expiry evictions.

The Secret Weapon: The Enforceable Title (Titlu Executoriu)

The most critical legal concept for any property manager operating in Romania is the "Titlu Executoriu" (Enforceable Title).

Under Article 1798 and Article 1809 (2)-(3) of the Romanian Civil Code, a written lease agreement automatically becomes an enforceable title for the payment of rent AND for the restitution of the property (eviction) ONLY upon the contract's expiry (la expirarea termenului) IF one of two conditions is met:

1. ANAF Registration: The written lease agreement was officially registered with the Romanian fiscal authority (Agentia Nationala de Administrare Fiscala - ANAF).
2. Notarial Deed: The lease was drafted and signed as authentic acts before a Public Notary (Notar Public).

Why is this so powerful?

In an ordinary eviction for breach of contract, you must sue the tenant in civil court, prove they broke the contract, and await a judge's ruling.

With an Enforceable Title, there is no trial for rent collection or for eviction upon term expiry. The registered lease itself acts with the same legal force as a final judge's ruling for these specific matters. Once the term expires, the landlord skips the lawsuit and hands the ANAF-stamped lease directly to a Judicial Executor (Bailiff / Executor Judecătoresc).

Crucial Limitation: If the landlord terminates the lease early for a breach (such as non-payment) before the term expires, the lease is an enforceable title for the unpaid rent, but the landlord must still obtain a court order to physically evict the tenant.

The Eviction Process for Non-Payment

If a tenant stops paying rent, the landlord must follow specific statutory timelines under Law No. 114/1996 and the Civil Procedure Code:

1. The 3-Month Default Rule

Under Article 24(b) of Law No. 114/1996 (Housing Law), a landlord may only request the termination of the lease for non-payment if the tenant has failed to pay the rent for at least 3 consecutive months.

2. Termination and Notice to Vacate

Once the 3-month threshold is met, the landlord issues a formal Notice of Termination. Under Article 1039 of the Civil Procedure Code, if the landlord intends to use the Special Eviction Procedure, they must notify the tenant to vacate the property within 30 days.

3. Special Eviction Procedure (Procedura Specială de Evacuare)

If the tenant remains after the notice expires, the landlord files for the Special Eviction Procedure (Articles 1033-1048 Civil Procedure Code). This is a highly expedited court process:

• The court prioritizes the hearing and skips extensive evidence gathering.
• Under Article 1042, the court's decision is enforceable immediately, even if the tenant appeals.

The Winter Eviction Ban (Moratoriul de Iarnă)

Regardless of the legal grounds or the possession of an Enforceable Title, the Romanian state protects residential tenants during the winter.

Under Article 896 of the Romanian Civil Procedure Code, physical evictions from residential properties are strictly prohibited between December 1st and March 1st.

Exceptions to the Winter Ban:

• The landlord proves that they and their family have no other suitable housing.
• The tenants are "squatters" occupying the property without any legal title or lease.
• The tenants are violently disturbing the peace or endangering cohabitation in the building.

Centralizing Your Eviction Shield (ANAF Compliance)

An unregistered Romanian lease is a significant liability, forcing landlords into sluggish court battles over simple rent defaults. The true power of a Romanian landlord rests in maintaining ANAF-registered Enforceable Titles to ensure immediate rent recovery and streamlined possession upon term expiry. Landager secures your portfolio by managing your document compliance. Instantly cross-reference which of your active leases lack ANAF registration numbers, automate the generation of legally-sound notices according to the 3-month non-payment rule and the 60-day statutory notice for unspecified leases (Art. 1824 Civil Code), and maintain a pristine audit trail to empower your Judicial Bailiff to act the moment a legal threshold is crossed.

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