The Eviction Process in Romania (Evacuarea)

Evicting a tenant (evacuarea chiriașului) in Romania 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 that effectively bypasses the judicial trial phase entirely.

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 of the Romanian Civil Code, a written lease agreement automatically becomes an enforceable title for the payment of rent AND for the eviction of the tenant upon the contract's expiry or legal termination 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, you must sue the tenant in civil court, prove they broke the contract, await a judge's ruling, wait through the appeals process, and finally secure an eviction order.

With an Enforceable Title, there is no trial. The registered lease itself acts with the same legal force as a final judge's ruling. Once the contract is terminated (see below), the landlord skips the lawsuit entirely and hands the ANAF-stamped lease directly to a Judicial Executor (Bailiff / Executor Judecătoresc). The Bailiff is authorized by the state to immediately garnish the tenant's bank accounts, seize assets, and enlist police assistance to physically remove the tenant from the property and change the locks within a matter of weeks.

The Standard Eviction Process (With an Enforceable Title)

If a tenant stops paying rent, and the landlord possesses an ANAF-registered lease, the execution timeline is dramatically accelerated:

1. The Notice of Default (Punerea în Întârziere)

The landlord cannot arbitrarily change the locks the day after a missed payment (this is considered self-help evictions and is highly illegal, carrying criminal trespassing penalties). The landlord must first send a formal, written demand letter (usually via registered mail with return receipt, or delivered by a bailiff). The tenant must be granted a reasonable period (often dictated by the contract, but minimally 15 to 30 days) to cure the default—pay the missing rent and accrued penalties.

2. Termination of Contract (Rezilierea Contractului)

If the tenant fails to cure the default within the grace period, the landlord issues a formal Notice of Termination, legally ending the lease agreement. If an explicit Pact Comisoriu (Express Termination Clause) is written into the contract, the lease terminates automatically without requiring any court intervention.

3. Execution via Bailiff (Executarea Silită)

With the contract formally terminated, the landlord presents the ANAF-registered lease (the Enforceable Title) and proof of the termination notice to a Judicial Bailiff. The Bailiff issues an official 8-day notice for the tenant to voluntarily vacate. If the tenant remains, the Bailiff executes a forced physical eviction.

The Special Accelerated Court Procedure

If a landlord failed to register their lease with ANAF (or if the dispute involves something other than rent/expiry, requiring a judge's interpretation), they must use the courts.

Fortunately, the Romanian Civil Procedure Code features a Special Eviction Procedure (Procedura Specială de Evacuare). Instead of a full civil trial, this is a highly expedited, urgent hearing.

• The landlord issues a 30-day notice to vacate.
• If the tenant stays, the landlord files the special action. The court prioritizes the hearing, skipping extensive evidence gathering phases.
• If the landlord's paperwork is correct, an eviction order can be granted in 1 to 2 months, significantly faster than ordinary litigation.

The Winter Eviction Ban (Moratoriul de Iarnă)

Regardless of how fast the legal machinery moves or whether the landlord possesses a powerful Enforceable Title, the Romanian state heavily protects residential tenants during the freezing season.

By special legislation, physical evictions from residential properties are strictly prohibited between December 1st and March 1st.

During these three winter months, bailiffs are legally barred from throwing individuals or families out onto the street if it is their only place of residence.

• Exceptions: The winter ban does not apply if the tenants are "squatters" (occupying the property with zero legal title or lease), if the tenants are violently disturbing the peace of the building, or if the landlord can definitively prove to a judge that the landlord themselves faces imminent homelessness and has no other suitable place to live.

Centralizing Your Eviction Shield (ANAF Compliance)

An unregistered Romanian lease is an incredible liability, forcing landlords into sluggish court battles over simple rent defaults. The true power of a Romanian landlord rests entirely in maintaining impeccable, ANAF-registered Enforceable Titles. 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 Default and Termination Notices according to strict Romanian Civil Code timelines, and maintain a pristine, timestamped audit trail of communications, empowering your chosen Bailiff to execute lightning-fast evictions the moment a tenant steps out of line.

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