How Can I Legally Require A Tenant To Vacate The Property?
- Avocat
- Mar 21
- 6 min read
Non-payment of rent is one of the most common issues faced by property owners in Romania. If a tenant refuses to pay the agreed rent according to the lease agreement, the landlord has several legal tools to force the tenant to fulfill their obligations or vacate the property.
In this article, you will learn about:
Understand the lease agreement you signed
f1.1. What contractual clauses are important if the tenant does not pay the rent?
The first step in determining the judicial actions to take is to review the lease agreement signed with the non-paying tenant. A properly drafted lease agreement must specify the payment terms, penalties for late payments, and termination conditions. If there are clear clauses regarding non-payment of rent, these will serve as the legal basis for any further actions.
Pay special attention to clauses regarding:
Rent payment deadline
Grace period (if any)
Penalties for late rent payment
Conditions for terminating the lease agreement
The procedure for notifying the tenant of payment delays
1.2. The form of the lease agreement
In addition to the content of the contractual clauses, the formalities completed when signing the lease agreement will affect the remedies available for debt recovery.
According to the Civil Code of Romania, a lease agreement is an enforceable title only if it is executed in authentic form by a public notary or registered with the tax authorities. In these cases, the landlord can directly request forced execution of the tenant's debts, without the need for a prior court ruling to recognize the breach of the contract.
If the tenant fails to fulfill their contractual obligations, such as not paying rent, the landlord can use a judicial executor to implement enforcement measures, such as garnishing wages or seizing the debtor’s goods, which helps quickly recover the outstanding amounts and, if necessary, evict the tenant.
Notifying the tenant
In the event the tenant does not fulfill their financial obligations, the landlord must follow the appropriate procedure according to the current legislation to protect their rights. An essential element of this procedure is notifying the tenant.
2.1. The role of the notification
The notification is the first formal act through which the landlord informs the tenant of the outstanding amount and the deadline for paying the debts. Its purpose is to inform the tenant about their obligations and prevent legal disputes, while also serving as a precautionary measure in the event of a judicial process.
2.2. Serving the notification
The law provides two options for sending the notification to the tenant:
Registered letter with acknowledgment of receipt – this method ensures proof that the tenant has received the notification. The acknowledgment of receipt is essential for the landlord to demonstrate in court that they have fulfilled the obligation to inform the tenant about the outstanding debts.
Judicial executor – in cases where there is suspicion of refusal to accept the notification or in more complex situations, the landlord can resort to a judicial executor. This official will deliver the notification to the tenant, which has evidentiary value in court. The use of a judicial executor is often recommended when there is a risk the tenant may avoid receiving the notice.
2.3. Essential elements of the notification
The notification must be written in clear language so that the tenant fully understands their obligations. It must include the following information:
Outstanding amount – a detailed breakdown of the amount owed by the tenant, including unpaid rent and any other additional payments outlined in the lease agreement.
Deadline for debt payment – the notification must specify a reasonable deadline for the full payment of outstanding amounts. This deadline must be clear to avoid any confusion.
Consequences of non-payment – the notification must also mention the legal consequences of non-payment, such as the possible termination of the lease agreement or the initiation of the tenant's eviction procedure.
Eviction of the Tenant
If the tenant does not adhere to the terms of the lease agreement, and the conflict reaches a point where other measures, such as notifications or negotiations, are no longer effective, the landlord can request the eviction of the tenant through a court action. This procedure represents one of the most important methods for the landlord to regain possession of the property and terminate a lease agreement that is no longer being respected by the tenant.
3.1. Understand the specific terms of eviction
Using an eviction action involves certain prerequisites: properties occupied, or in some cases, occupied without the right by former tenants or other individuals.
Therefore, it is important to understand the specific terms that define the relationships between the parties involved in a leasing relationship and ensure you can use an eviction action.
A lease is any agreement, written or verbal, through which a property is rented, including subleasing, which involves renting a property by a subtenant from a tenant.
A tenant can be the person who rents a property as the main tenant, lessee, or tenant. This category also includes the subtenant or an assignee of the tenant. It is important to note that the person who can request eviction is either the landlord, the sublessor, or even the property acquirer.
The landlord is the person or entity who rents a property. This can be a main landlord, a sublessor, an assignee, or a property acquirer, all of whom have the right to lease in their own name.
In this context, the property refers to both the actual building and the land it is situated on, whether or not there are buildings on the land. It also includes the property’s accessories, which may be part of the lease agreement.
An occupant is any person who occupies a property, other than the owner or tenant, with or without the owner’s permission. This could be, for example, someone living in the property without an active lease agreement.
The owner is the holder of the property rights to the property. In certain cases, the landlord may be the tenant if they hold the property rights.
3.2. The eviction procedure
The eviction action involves submitting a request to the competent court (usually the tribunal or the court, depending on the value of the dispute and location).
In the request, the landlord must prove the existence of a valid lease agreement and that the tenant is not fulfilling their obligations under this contract, such as failing to pay rent or refusing to vacate the property by the established deadline.
3.3. Reasons for eviction
Reasons for which the landlord can request tenant eviction include:
Non-payment of rent or other amounts owed (e.g., utilities);
Failing to comply with the lease agreement's expiration date;
Failing to comply with other clauses of the agreement, such as improper use of the property or subletting it without the landlord’s consent;
Abuse of rights by the tenant, such as severe property damage.
3.4. Procedural steps of the eviction action
Submitting an application with the court: the landlord will submit the eviction request to the competent court, accompanied by supporting documents (lease agreement, notifications, evidence of non-payment, etc.).
Setting the court hearing date: the court will schedule a hearing and issue a notice for the parties involved.
Issuing the ruling: if the court finds legal grounds for eviction, it will issue a favorable ruling for the landlord.
Enforcing the eviction ruling: after obtaining the court ruling, the landlord can request forced execution through a judicial executor, who will begin the eviction process to remove the tenant from the property.
Practical prevention tips
4.1. Carefully choose the lease agreement template you use
Although lease agreements are widely available online or shared among friends, don’t underestimate their importance. Always use professionally drafted contracts prepared by lawyers and, if needed, seek assistance from a lawyer specializing in real estate law when signing the agreement. Prevention costs less than dealing with a non-paying tenant, especially when the lease agreement used by the landlord does not include effective solutions.
4.2. Sign the lease agreement correctly
Ensure that both parties sign the lease agreement and receive a copy. Only contracts signed by both parties are valid. Preliminary drafts or negotiation discussions that take place through other written channels may be helpful as evidence, but they are not enough to prove the existence of the contractual relationship.
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