The eviction in Romania
Eviction lawyer in Romania. What is the eviction in Romania?
Eviction process in Romania is a legal instrument, a personal action, through which the sanctioning of the person who held the property under a legal relationship by which the use was transferred, but which has ceased (such as the former tenant in Romania from the lease agreement, tenant in Romania, lessee, subtenant, assignee of a tenant) and of the person occupying the property without any title is sought, regardless of whether there was or was not permission or consent from the owner (the tolerated person and the one who occupies the property abusively) in situations where they do not fulfill legal obligations regarding the exercise of lease rights.Eviction in Romania, as a sanction, is specific to lease relationships arising from the lease contract, which are obligations relationships, resulting in the transfer of use of a property to a tenant in Romania, who being a possessor does not acquire real rights over the property, having the obligation to return it.
Eviction attorney in Romania. Parties
The parties involved in an eviction process in Romania are represented by the plaintiff and defendant. The plaintiff is the person who owns the property and seeks eviction law in Romania or eviction of a tenant in Romania from premises being used without right, while the defendant is the one against whom a common eviction law in Romania is directed.
Lawyer enforcement procedure in Roamnia. Where to file the lawsuit based on the eviction in Romania?
Lawsuits filed to initiate the eviction process in Romania fall under the jurisdiction of the court within whose jurisdiction the unlawfully occupied, leased, or leased property is located, even if the tenant in Romania has vacated the property or the lease has terminated.
It is also important to note that the tenant in Romania and occupant of the property are considered to have their mandatory domicile at the property they occupy unlawfully, and for which the eviction in Romania is initiated.
The eviction request is adjudicated with the parties being summoned, except in cases where the eviction in Romania is sought from premises used or occupied without right due to non-payment of rent or lease, which is requested based on a contract that constitutes an enforceable title for payment thereof, according to the law.The Romanian Law Firm Pavel, Mărgărit & Associates recommends consulting with landlord and tenant eviction attorneys in Romania, a lawyer specializing in enforcement procedure in Romania or eviction of a tenant in Romania, who can provide personalized legal assistance tailored to the specific needs of your situation.
Eviction lawyer in Romania. Deadline for initiating eviction process in Romania
In situations where a tenant’s right to use a property has expired due to the termination of the lease by expiry of the term, action taken by the landlord in Romania, non-payment of rent or lease, or any other reason, and the landlord in Romania wishes to regain possession of the property, they shall notify the tenant in Romania in writing (a document referred to as an eviction notice in Romania or tenant eviction summons in Romania, in the case of a lease agreement) through a judicial executor, requesting the tenant in Romania to vacate and surrender the property within a maximum period of 30 days from the date of the eviction notice in Romania or tenant eviction summons in Romania, when the eviction procedure concerns a lease agreement that no longer constitutes a valid title for the tenant in Romania.
The eviction decision is equivalent to enforcement procedure in Romania and can only be appealed within 5 days from the date of pronouncement, if served with the parties’ citation, or from communication, if served without their citation.
When a tenant in Romania or occupant of a property who has received an eviction notice in Romania or tenant eviction summons in Romania under the conditions regulated by the eviction process in Romania has vacated the property, the landlord in Romania or owner may lawfully take possession of it without any judicial eviction process in Romania.
To ensure the thoroughness and accuracy of legal procedures regarding eviction of a tenant in Romania or eviction law in Romania, the Romanian Law Firm Pavel, Mărgărit & Associates invites you to seek the services of an eviction attorney in Romania, specialized in eviction in Romania.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance for eviction in Romania. An eviction lawyer in Romania can support you in filing a lawsuit to initiate the eviction process in Romania before the court, having great experience in civil litigation. In order to benefit from our professional support and for eviction attorney advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs.
Eviction attorney in Romania. Eviction by presiding judge’s order
According to the law, if there are no contrary regulations, eviction of a tenant in Romania is based on a court decision.
However, there are situations where the eviction in Romania can also be initiated through a judge’s order, but this will only be allowed if it meets the conditions provided by law, namely urgency, temporary nature, and non-prejudice to the trial.
The request for a judge’s order should be submitted to the competent court to rule in the first instance on the merits. The judge’s order is provisional and enforceable. It has res judicata authority against another request for a judge’s order but it does not have res judicata authority over the substantive request.
Therefore, the eviction in Roamania represents an essential legal instrument in cases where eviction from premises used or occupied without right is necessary and involves specific procedures that require proper legal representation to ensure favorable outcomes in court.
Landlord and Tenant Eviction Attorneys in Romania specializing in eviction process in Romania oran eviction lawyer in Romania can provide expert legal assistance, develop efficient strategies for regaining possession, and represent your interests before the court with professionalism and determination.
Articles from the practice area
Legal assistance in litigation and enforcement procedures in Romania According to the Civil Procedure Code, persons interested or harmed by the forced execution procedure in Romania may file an appeal against an enforcement notice in Romania, against the minutes of the proceedings concluded by the bailiff, challenge against enforcement in Romania as well as in […]
The Romanian legislation establishes a series of conditions regarding the conclusion of sales agreements in Romania. The Romanian Civil Code requires a certain form of conclusion of the sales agreement in Romania depending on the nature of the good whose property is transmitted. The law confers the title of agreement under private signature in Romania […]
The Romanian legislation provides a series of rules and obligations on the Romanian administrator regarding the conduct of his activity. According to the legislation in force, in Romania, the directors (called administrators in Romania) are personally responsible and liable for the damages caused. On the other hand, the administrator will be personally and jointly and […]
In the business field, the emergence of a dispute in Romania can represent a significant challenge as it affects the Romanian company’s reputation, its financial resources and time. Therefore, it is essential for companies in Romania to focus on preventing litigation in Romania rather than dealing with them later, which is why a lawyer specialized […]
Being a common financial payment instrument in the relations between professionals, promissory notes in Romania play an important role in discharging from the contractual obligation arising from the contract concluded between the two parties, with the purpose of guaranteeing the payment obligations in Romania. The biggest advantage of the promissory note in Romania is the […]
In the last few years in Romania, there have been various external events such as the Covid-19 pandemic, the war in Ukraine or the Suez Canal crisis, which have determined various economic imbalances which have led to the non-fulfillment of the contractual obligations due to the hardship, force majeure or unforeseeable circumstances, in Romania. In […]
Given the fact that in practice various errors may occur when drafting the civil status documents, Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in Litigation, Dispute resolution and Family law in Romania who can advise you on the legal means that one may employ with the aim of obtaining the […]
The agreement signed between the parties creates rights and obligations, producing effects for the established period of time. In general, the contractual obligations assumed by a contractual partner are settled by their voluntary performance, i.e. by the remission of a sum of money or by the performance of the object of the obligation. However, there […]
Any person who is in a situation where a final judgment ruled in Romania prejudices his interests may appeal against the final judgment, following the procedure before the European Court of Human Rights. The Romanian Law firm Pavel, Margarit & Associates recommends addressing to a lawyer specialized in litigation and human rights legislation to guide […]
The appeal against enforcement is a way to obtain the annulment of any measure of forced execution by the interested party by forced execution. After the initiation of forced execution, the interested parties may request by means of appeal against enforcement the annulment of the hearing report by which the application for a declaration of […]
Signing an agreement in Romania creates rights and obligations between the parties for a particular period of time. Thus, by starting a litigation matter in Romania, one person may claim the obligation of the other party to respect the violated right or to perform the assumed obligation, and if it is no longer possible, to […]
The annulment of an illegally issued title deed in Romania may be requested by any person justifying an interest. If title deed was issued on the name of another person this could be subject of annulment in Romania. Court will settle the property right over the land in Romania according with the documents submitted.. In […]