Civil law

Eviction proceedings

The fast-track procedure that lets an owner evict former tenants or unlawful occupants.

The Alina Szilaghi law office has experience in the procedure for evicting former tenants or other persons from property they use, or occupy without right.

When the new Civil Procedure Code came into force at the beginning of 2013, Romanian law gained a fast-track procedure through which the owner of a property can obtain, through the courts, the eviction of persons occupying it without right.

The Civil Procedure Code regulates the eviction procedure in articles 1034–1049 (Title XI).

These provisions apply to disputes about evicting former tenants or other persons from property they use or occupy without right.

Eviction through the courts may be sought where the lease was made orally, or in a private written document not registered with the tax authority, and where the property is occupied without right by a person, with or without the owner’s tolerance. The special procedure is optional: a landlord or owner who does not have an enforceable title may use it if they consider it more advantageous than the ordinary procedure.

Under art. 1035(2), the special procedure does not affect the landlord’s or owner’s rights to rent, compensation or other rights arising under the contract or the law.

Page updated . The information on this website is general and is not legal advice on any specific matter.

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