Can I evict a non-paying tenant?
It depends on the type of contract: a registered one speeds things up, but eviction usually needs legal steps. A tenancy contract notarised or registered with ANAF becomes an enforceable title for rent payment at the set terms, letting you proceed to forced execution for the amounts, without a new lawsuit. Note, though: for the actual eviction of the tenant (especially on termination for non-payment before the term), the enforceable character for rent doesn't automatically cover eviction — you usually need a court ruling. The correct procedure: send a written notice/summons, with a deadline (usually 30 days); if the tenant doesn't pay or leave, take court action for termination and eviction; then a bailiff can evict, with public force. Since 2023, registering contracts with ANAF is mandatory for individual landlords.
📋 The rules
- Notarised or ANAF-registered contract: enforceable title for rent
- Actual eviction usually needs a court ruling
- Step 1: written notice/summons, ~30-day deadline
- Step 2: court action for termination/eviction
- Step 3: a bailiff evicts with public force
🔓 Exceptions
- Contract not registered with ANAF: you lose the enforceable-title advantage
- At the contract's normal expiry: eviction can be simpler
- Termination before term (non-payment): usually needs court
⚠️ Penalties & fines
You can't evict a tenant on your own (changing the lock, removing belongings, cutting utilities) — such acts can be crimes (disturbing possession, trespass) and can put you in the wrong. The lawful path is: a written notice with a deadline, then court for termination and eviction, with enforcement carried out by a bailiff. To protect your rights: make the contract in authenticated form at a notary or register it with ANAF (mandatory anyway since 2023), set clear termination clauses for non-payment, ask for a guarantee (deposit) and keep proof of payments. A well-made, registered contract greatly shortens the rent-recovery and eviction procedure.
📎 Official sources
- Civil Code · the tenancy contract and eviction →
- Civil Procedure Code · eviction →
- ANAF · registering tenancy contracts →
❓ Frequently asked
Can I evict a non-paying tenant myself?
No. You can't evict a tenant on your own — changing the lock, removing belongings or cutting utilities can be crimes, such as disturbing possession or trespass, and can put you in the wrong. Eviction is done only lawfully, with the support of the court and a bailiff.
What advantage does an ANAF-registered contract have?
A contract notarised or registered with ANAF becomes an enforceable title for rent payment at the set terms, letting you go straight to forced execution for the amounts owed, without a new lawsuit. Since 2023, ANAF registration is mandatory anyway for individual landlords.
Can I evict directly based on the registered contract?
For rent payment, yes — the registered contract is an enforceable title. But for the actual eviction, especially on termination for non-payment before the term, the enforceable character doesn't automatically cover eviction, and you usually need a court ruling obtained through a lawsuit.
What are the steps to evict a tenant?
First you send a written notice or summons, with a deadline (usually 30 days). If the tenant doesn't pay or vacate, you take court action for termination and eviction. After getting the ruling, a bailiff can carry out the eviction, with public force if necessary.
How do I protect myself as a landlord?
Make the contract in authenticated form at a notary or register it with ANAF, set clear termination clauses for non-payment, ask for a guarantee (deposit) and keep proof of payments and notices. A well-made, registered contract significantly shortens the procedure for recovering rent and evicting a non-paying tenant.
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