The Eviction Process in Romania (Evacuarea)
Master the Romanian eviction process. Learn how registering your lease with ANAF creates an 'Enforceable Title,' allowing landlords to bypass slow civil cour...
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
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:
- ANAF Registration: The written lease agreement was officially registered with the Romanian fiscal authority (Agentia Nationala de Administrare Fiscala - ANAF).
- 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.
Back to Romania Residential Laws Overview.
Frequently Asked Questions
▶What is the legal eviction process for landlords in Romania?
The eviction process in Romania requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
▶What are the key landlord-tenant laws in Romania?
The Romanian residential rental market is primarily governed by the Romanian Civil Code (Codul Civil). Romania is a pro-landlord jurisdiction, largely due to a unique legal mechanic that transforms a registered lease into an "enforceable title" (titlu executoriu). This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What are the rent increase limits and caps in Romania?
Romania has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Romania?
Romania has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Romania?
Lease agreements in Romania must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Romania?
Landlords in Romania are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Romania?
Romania has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Romania?
Landlords in Romania must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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