Non-payment of rent or the expiration of the contract do not allow the owner to change the lock himself or remove the tenant’s belongings. If the residence is not voluntarily handed over, it must be verified whether there is an enforceable title for restitution or whether an eviction order is required. Enforcement is carried out by a judicial executor, in accordance with the law.

In practice, four stages must be separated: the termination of the contract, the notification of release, obtaining the necessary title and execution. The notification is not, in itself, a judgment and does not authorize forced eviction.

When does the rental contract end?

Expiration of the duration

According to the Civil Code, the fixed-term tenancy ends, as a rule, upon the expiration of the agreed term. Before requesting the release of the dwelling, it must be verified whether the parties have extended the contract or whether the conditions of tacit relocation are met. The continued use after the term and the conduct of both parties can be taken into account in the analysis of the situation.

The expiration of the contract and the procedural notice of eviction have different functions. Even though the period has come to an end, the special procedure requires the former tenant to be notified before the eviction request is filed, under the conditions and within the deadlines established by the Code of Civil Procedure.

Failure to pay the rent

The tenant must pay the rent within the agreed deadlines. Failure to pay may give the landlord the right to request termination, but the existence of the arrears does not automatically mean that the contractual relationship has ended in any circumstances. The contract clauses, the legal conditions for termination, and the communications exchanged between the parties are all relevant. If the termination is contested, the court may be called upon to clarify its basis.

The landlord should keep the contract and the additional documents, the evidence of payment or non-payment, the notifications and confirmations of communication. The tenant may, as the case may be, invoke the payments made, the extension of the contract or the lack of conditions for termination, and must support his defenses with written documents.

The notification of release and the deadlines of the procedure

In the special procedure, the former tenant is notified in writing by the judicial executor to release and hand over the property freely within 30 days of the notification being sent. If the tenancy is for a fixed term, the notice of eviction must be given at least 30 days before the expiration of the term, unless the law provides otherwise. These deadlines apply to the release procedure; they do not replace any possible notice required for the termination of the contract.

The Civil Code separately regulates the termination of tenancy for an indefinite period and the applicable terms for renting the dwelling. Therefore, the notification must be chosen based on the reason for termination and the contract, not drafted as a generic message. Consult The consolidated form of the Civil Code and Code of Civil Procedure.

When is the evacuation request necessary?

If the tenant does not hand over the apartment and the landlord does not have an enforceable title applicable to the obligation of restitution, eviction can be requested to the court. The special procedure is optional and distinct from common law, and is adjudicated by the court within whose jurisdiction the property is located. The law treats it as urgent, with summary hearings; this does not allow for a reliable estimate of the duration of a specific case.

The judgment can be appealed only by appeal within 5 days, calculated from the pronouncement when the parties were cited or from the communication when the judgment was rendered without their being cited. It is enforceable. Suspension is, as a rule, excluded; for the eviction ordered due to non-payment of rent there is an exception conditioned on the recording of the amounts provided by law. The Constitutional Court explained these rules in Decision no. 356/2020.

What defenses are possible?

The tenant may formulate preliminary defenses regarding the factual and legal reasons for the claim, including contesting the existence of the arrears, the termination of the contract, or the right of the claimant. In the special procedure, no appearance is mandatory, and the law does not allow a counterclaim, the summoning of another person to court, or the request for bail; the defendant’s own claims can be evaluated separately. These limits apply to this special procedure and do not preclude the right to formulate defenses.

Is the lease agreement an enforceable title?

The answer depends on the obligation pursued and the form of the contract. The authentic contract or the private signed contract registered with the tax authority can be an enforceable title for the payment of the rent. For the return of the dwelling, the Civil Code provides separate rules: under certain conditions, the fixed-term contract can be an enforceable title upon expiration of the term, and after the termination of an immovable for an indefinite period, the obligation to return becomes exigible upon the fulfillment of the notice period.

Therefore, the enforcement character for rent does not have to be confused with the title necessary to release the dwelling. The mere existence of a title does not give the owner the right to carry out the eviction himself; enforcement is requested from the judicial executor and follows the applicable procedural rules.

Evacuation and recovery of the outstanding rent

Eviction aims at the release of the property, and the recovery of the rent aims at the payment of a debt. The special procedure allows, under the law, the demand for the rent due upon eviction, but other monetary claims must be analyzed according to their nature and the appropriate procedural framework. If there is an enforceable lease agreement for the rent, the claim can be pursued through enforcement, with verification of the maturity and other conditions.

The tenant can owe the rent stipulated in the contract until the actual release of the dwelling and can be liable for damages, according to the Civil Code. Voluntary handover should be recorded in a record with the date, keys, meter readings, the condition of the property and the remaining belongings.

What happens during the execution of the evacuation?

If the obligation to vacate is not fulfilled voluntarily, the executor enforces the title in accordance with the legal procedure. The owner should not block access, change the locks to force the tenant to leave, or remove the tenant’s belongings on their own. There are also rules regarding the timeframe within which the eviction can take place, with the exceptions established by law.

For the owner, the practical steps are: checking the terms of the contract regarding form, duration and clauses; centralizing payments and communications; choosing the appropriate notification method; then, if the apartment is not handed over, obtaining or enforcing the title through legal channels. For the tenant, it is useful to keep the contract and payment proofs and respond to the notification or summons without ignoring the short deadlines.

Frequently asked questions

Maybe the owner can change the yala because I didn’t pay?

Not as a method of self-evacuation. Non-payment can have contractual and judicial consequences, but forced evacuation follows the legal procedure.

Does the expiration of the contract mean that I have to leave immediately?

The contract can terminate at any time, but the possible extension or tacit relocation must be verified. The evacuation procedure has its own formalities.

Is the notification sufficient for forced evacuation?

No. The notification requires the release of the property. If the residence is not handed over, an enforceable title is required and enforcement by a judicial executor is necessary.

The contract can be executed for both rent and the return of the dwelling?

Under certain conditions, yes, but the grounds and the form required differ depending on the obligation and the reason for termination. Verification of the specific contract is essential.

Does the call automatically stop the evacuation?

No. The evacuation order is enforceable, and suspension is possible only under the restrictive conditions provided by law.

Conclusion

Evacuating the tenant begins with correctly determining how the right of use expired. Notifying, obtaining the necessary title, and enforcement by bailiff are distinct steps. The landlord cannot replace the legal procedure with changing the lease, and recovering the outstanding rent must be analyzed separately from the release of the apartment.

Official sources