Eviction from property

Legal defence in the special eviction procedure

The special eviction procedure under Articles 1034–1048 CPC may be used, subject to the legal requirements, by an owner or landlord to recover premises occupied without entitlement. It is distinct from an ordinary action and from an application for an interim presidential order. Proceedings are urgent and the eviction judgment is enforceable, but this does not mean that every application will succeed. A lawyer checks the termination of the right of use, the parties’ standing and the notice required in the particular circumstances, including exceptions and any written waiver of notice. Choosing the correct procedure can avoid delays and dismissal of a claim brought on an inappropriate legal basis.

Admissibility requirements, prior notice and defence strategies

The notice is prepared according to the status of the person occupying the property. A tenant must receive written notice through a judicial enforcement officer, under Article 1038 CPC, allowing the statutory period of no more than 30 days to vacate; for a fixed-term tenancy, notice at least 30 days before expiry must also be checked, unless the law provides otherwise. There are rules for terminating indefinite tenancies and for written waiver of notice. An occupant must receive written notice to vacate within five days, under Article 1039. Registered post is not a universal substitute for a judicial enforcement officer in a tenant’s case. We prepare proof of the claimant’s entitlement and termination of the right of use; for the defendant, we check notice where required, the basis for occupation and the defences permitted in the special procedure. A genuine dispute over ownership is examined separately and is not presented as an automatic ground for dismissal in every case.

Legal assistance and representation in Focșani and Vrancea County

Unauthorised occupation of your home or a former tenant’s refusal to leave can deprive you of the use of your own property and cause substantial financial loss. Basuc Cosmin Law Office in Focșani offers comprehensive legal assistance in the special eviction procedure, whether you are an owner seeking the urgent recovery of premises or a defendant needing protection against an abusive measure. We assist in preparing and serving prior notices in Vrancea county, draft claims or appropriate statements of defence and provide firm representation before Focșani District Court and the Vrancea Tribunal, acting promptly to protect your property rights.