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The eviction from buildings used or occupied without right

The eviction from buildings used or occupied without right --> Updated on Wednesday 04th November 2020

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What is the Romanian law regulating the procedure for the eviction from buildings used or occupied without right and against which people can such action be initiated?

The procedure regarding the eviction from buildings used or occupied without right is regulated by the Civil Procedure Code, in Articles 1034 - 1049. According to art. 1034, this procedure can be initiated in case of evacuation of buildings used or occupied without a right by former residents or other people.

Individuals who need legal assistance to commence this procedure can reach out to our Romanian lawyers.

What is the evacuation procedure in case of buildings used or occupied without right? Can your lawyers in Romania assist in this situation?

When the owner of a property wants to evacuate its occupants after the right to occupy the property ceased, the owner shall notify the occupant in writing, letting the occupant know that he must release the property they occupy without any right, within 5 days of communicating the notification.

If the tenant or occupant who has been notified has left the building, the landlord or owner can lawfully take possession of it, without any legal procedure for eviction. However, when this procedure is  mandatory, the experts at our law firm in Romania can assist.

It is presumed that the property is left in case of cessation of economic activity or the cessation of use of the building by the tenant or occupant or by persons under their control, as well as in case of returning the keys of the building, removing equipment, merchandise or other movables within the building.

If the notified tenant or occupant refuses to evacuate the building or if the tenant has waived his right to be notified and lost, for whatever reasons, the right to use the property, the lessor or owner will ask the court to order, by executory decision, the immediat evacuation of the building by the tenant or occupant for lack of title. The experts at our Romanian law firm can provide details on the issuance of the said court order.

If the tenant does not respect his obligations regarding the use of normal, with prudence and diligence, of the rented or leased building, uses the property for any purpose other than that stipulated in the contract, changes its structure established by construction, causes damage or commits any other use abuses, he can be forced through presidential ordinance to cease these abuses and restore the previous situation. More information on this procedure can be provided upon request by our team of lawyers in Romania.

Also, the tenant or, when appropriate, the sub-tenant may be required to carry out necessary repairs incumbent upon them by law and they might be subject to the restriction of the use of the rented space or even evacuation from the area if these measures are justified in order to execute the repairs or works provided by the law as the obligation of the owner.

What is the procedure of the court for the evacuation request and what are the legal remedies in this case?

The evacuation request is judged by summoning the parties, unless the evacuation of the building for nonpayment of rent is required under a contract which represents an enforcement order for their payment.

If the payment of the rent was also requested, the court, summoning the parties, shall order the defendant with the evacuation of the builind and the obligation to pay, including the amounts which become payable during the trial.

The evacuation decision is enforceable and can be appealed only with appeal within 5 days of its pronouncement, if it was given by summoning the parties, or 5 days of its communication when it was given without summoning them. Our Romanian lawyers can offer legal advice and guidance during this process.

The defendant may invoke substantive defenses regarding the factual and legal reasons of the request, including the lack of the title by the applicant, but they may not make a counterclaim, they may not make application for summons of another person or in warranty, and their claims will only be valued separately.

Against the enforcement of the evacuation decision, the interested parties may enter opposition to enforcement.

For further information regarding the evacuation from buildings used or occupied without right, the legal proceedings on the matter, the effects and the legal remedies, do not hesitate to contact the team of Romanian lawyers from Darie, Manea & Associates.

 

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