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BEJ Beiușan Bogdan

Eviction from a property

Nobody wants an eviction, neither the owner nor the person who has to leave. The bailiff's job is to make sure it happens legally, with proper paperwork, without a scene and without anyone's belongings ending up on the street.

When an eviction can take place

A bailiff cannot evict anyone just because the owner asks. There has to be an enforceable title: usually a court eviction order, obtained after the lease has expired or been terminated, or a decision ordering someone to vacate a property they occupy without right.

There is also a shorter route. A fixed-term lease signed before a notary or registered with ANAF is an enforceable title for evicting the tenant once the term ends (Article 1809 of the Romanian Civil Code). In that case no lawsuit is needed and you can go straight to enforcement.

One detail many people learn too late: between 1 December and 1 March, people cannot be evicted from their homes, except in the cases set out in the Code of Civil Procedure. If the file reaches us in November, we talk from the start about what can be done before winter.

Steps in the procedure

  1. Submit the enforcement application together with the court decision or lease that serves as the enforceable title.
  2. Once the court approves enforcement, the person who has to leave receives the enforcement notice with a deadline to vacate, usually eight days.
  3. If the property is not vacated voluntarily, the bailiff sets the eviction date and notifies both parties.
  4. On the set date we go to the property with witnesses and, if needed, with help from the police or gendarmerie.
  5. Belongings found in the property are listed in the official report. If the debtor does not take them, they can be left in the care of the creditor or a custodian, at the debtor's expense.
  6. The property is handed over to the creditor, and the signed report closes the procedure.

Documents you need

  • The enforcement application.
  • The eviction order, or the lease that has the force of an enforceable title.
  • Proof of your right over the property: land register extract, sale contract or another document.
  • The exact address of the property and, if you know it, who lives there, including whether there are children.
  • The name and phone number of the person taking over the property on the day of the eviction.

Frequently asked questions

Can I change the locks if the tenant doesn't pay?

No. Changing the locks, cutting off utilities or removing the tenant's belongings without a court decision can backfire on the owner, including through criminal charges. The legal route is a court action or, if you have one, a lease that has the force of an enforceable title.

How long does an eviction take?

If there are no objections, it usually takes a few weeks from filing the case to handing over the property. The 1 December - 1 March period and any objections can make the procedure longer.

Who pays the eviction costs?

The debtor, meaning the person being evicted. The creditor pays the fee and expenses upfront (transport, custodian, possibly a locksmith), and these are later recovered from the evicted person.

What if there are children living in the home?

The eviction can still go ahead, but we prepare it more carefully. In practice we notify the local council's social services well in advance so the family has somewhere to go.

The information on this page is general and is not a substitute for legal advice on a specific case. For your situation, call the office: 0744 143 226.