Evicting a Tenant in Romania

I know how unpleasant it is not to be able to use your own home. I represent you, whether you’re the owner or the tenant, at the Cluj-Napoca District Court.

If you’d first like to understand the rights and obligations under the lease, have a look at my guide to the lease contract (in Romanian); for the court procedure, I’ve also written a step-by-step guide to eviction (in Romanian). For other situations, see the civil law page.

When does the special eviction procedure apply?

The procedure applies to eviction disputes over property used or occupied without right by former tenants or by others (art. 1.034(1) of the Code of Civil Procedure). The lease can be written or verbal, and a sublease counts too; property here means the building or the land, with their accessories; and an occupant is anyone who actually occupies the property, with or without the owner’s permission (art. 1.034(2)). The procedure is optional: you can also choose ordinary proceedings (art. 1.035(1)), and your rights to rent and compensation are unaffected (art. 1.035(2)).

The court with jurisdiction is the district court for the area where the property is, even if the tenant has left it or the contract has ended (art. 1.036); for property in Cluj-Napoca, that’s the Cluj-Napoca District Court. The property is the compulsory address for service for the tenant and the occupant, and if it’s locked, documents are posted on the door (art. 1.037).

With or without a contract: what’s the difference?

With a written contract, proof is simple and you have two extra advantages. A contract registered with the tax authority or notarised is an enforceable title (titlu executoriu) for the rent (art. 1.798 of the Civil Code). A fixed-term contract, notarised or registered with the tax authority, is also an enforceable title for the obligation to hand the property back when the term expires (art. 1.809(2) and (3)). On top of that, when eviction for non-payment of rent is sought on the basis of a contract that is an enforceable title for the rent, the claim is heard without summoning the parties (art. 1.042(1) of the Code of Civil Procedure).

Without a written contract, a verbal lease still falls under the procedure (art. 1.034(2)(a)), but you have to prove it: payments, messages, witnesses, utility bills. Someone who never had the owner’s consent is an occupant and gets only the 5-day notice (art. 1.039).

Notice: 30 days or 5 days?

The tenant can waive the notice in writing, acknowledging the landlord’s right to go straight to the eviction procedure (art. 1.038(4)). If the person served with notice leaves, you take back possession as of right, without a court case; the property is presumed abandoned when business activity stops, when the keys are handed back or when the belongings are taken away (art. 1.040).

Eviction for non-payment of rent

Non-payment of rent is one of the reasons the tenant’s right of use ends and eviction can be sought (art. 1.038(1)). Along with the eviction, you can also ask the court to order the tenant to pay the rent due, including amounts that fall due while the case is running (art. 1.042(4)). The tenant owes rent until they actually leave the home, plus compensation for the damage caused until then (art. 1.831(2) of the Civil Code).

Enforcement (executare silită) of an eviction judgment can’t be suspended, with one exception: in an eviction for non-payment of rent, the tenant can obtain a suspension only by depositing, at the owner’s disposal, the rent owed and the rent that will fall due during the proceedings (art. 1.045). For large arrears, when the contract isn’t an enforceable title, you can also use a payment order (ordonanță de plată) or debt recovery through ordinary proceedings.

How the case runs at the Cluj-Napoca District Court

1. I send the notice through a bailiff and we wait for the 30 days (or 5 days for an occupant) to run out.
2. If the tenant refuses to leave, I file the claim for eviction for lack of title at the district court (art. 1.041); the court stamp duty (taxă judiciară de timbru) is 100 lei, under art. 6(3) of Government Emergency Ordinance no. 80/2013 (OUG 80/2013).
3. The claim is heard urgently, in chambers, with summary argument and with the parties summoned (art. 1.042(2)); a statement of defence (întâmpinare) isn’t compulsory (art. 1.042(3)). Under art. 1.043, the defendant can raise only defences on the merits, including that the claimant has no title, and can’t bring a counterclaim or a third-party indemnity claim (chemare în garanție).
4. The judgment is enforceable and can be challenged only by an appeal, within 5 days of delivery if it was given with the parties summoned, or of service if it was given without summoning them (art. 1.042(5)). You can work out the deadline with the court deadline calculator.
5. With the enforceable judgment, the bailiff carries out the eviction. Anyone with an interest can file a challenge to enforcement (contestație la executare) under art. 1.044, but it doesn’t suspend the eviction except in the case described above (art. 1.045). I explain the challenge in a separate guide (in Romanian).

Eviction from commercial premises

The procedure is the same, because property here means the building or the land, with or without buildings (art. 1.034(2)(d)). For commercial premises specifically, the property is presumed abandoned when business activity stops or when the equipment and goods are taken away (art. 1.040(2)), and the owner then takes back possession without a court case. If the tenant changes the use of the premises, alters their structure or causes damage, the court can order them, by an interim injunction (ordonanță președințială), to stop the abuse and put things back as they were (art. 1.046).

Eviction through ordinary proceedings

Ordinary proceedings are still useful when the title is seriously disputed, when you want to claim complex compensation in the same case or when the defendant has claims of their own. Eviction claims go to the district court (art. 94 point 1(d) of the Code of Civil Procedure). The defendant has 25 days to file a statement of defence (art. 201(1)). An appeal must be filed within 30 days of service (art. 468(1)) and, as a rule, suspends enforcement (art. 468(5)). The case takes longer, but all kinds of evidence are allowed.

What documents you need

• the lease contract, if there is one, and proof it was registered with the tax authority;
• the land register extract (extras de carte funciară) or the title deed;
• proof of the unpaid rent (bank statements, formal demands (somații), messages);
• the notice served by a bailiff and proof of service;
• for tenants: proof of payments and correspondence with the owner.

The up-to-date text of the Code of Civil Procedure is on legislatie.just.ro. If you have a tenant who won’t leave, or you’re a tenant and have received a notice, write to me or call me. Send me the contract, even a photo of it, and I’ll tell you what the next steps are.