The process of renting an apartment in Romania involves a clear set of rights and obligations for both tenants and landlords. A proper understanding of these is fundamental to avoid potential conflicts and ensure a correct and transparent contractual relationship. The central point of this relationship is the rental agreement.
Rental Agreement: the legal basis of the relationship
The rental agreement is the legal document that establishes the terms of the agreement between the landlord and the tenant. It is crucial for it to be drawn up in writing, and although not always legally required for validity, registering the contract with ANAF (Romanian tax authority) is strongly recommended for both parties.
This step gives the contract a definite date and protects both parties in case of potential litigation or misunderstandings, providing, for example, the tenant with the guarantee that they will not be evicted abusively. It is different from a loan agreement (comodat), which is a free loan of use.
Tenants' Rights
Tenants enjoy a number of rights throughout the contractual period. The main right is the undisturbed and peaceful use of the living space for the entire duration of the contract, as long as they fulfill their obligations. They also have the right to receive the dwelling in good condition at the time of taking possession.
The landlord has the obligation to notify the tenant in advance (with a reasonable timeframe) before visiting the property, respecting their privacy. Upon termination of the contract, the tenant is entitled to the return of the security deposit paid, minus any costs for repairs necessary due to their fault or outstanding rent.
Tenants' Obligations
The main obligation of tenants is the payment of rent and expenses related to utilities (electricity, gas, water, internet, etc.), according to the terms stipulated in the contract. The tenant must use the apartment according to its residential purpose, without causing damage and respecting good neighborly rules and those imposed by the homeowners' association.
