According to Law 144/1996, art. 21, the rental of the housing is made on the basis of the agreement between the owner and the tenant, recorded by a written contract that includes:
- address of the housing that is the subject of rent;
- the housing surface and the facilities used exclusively and in common;
- the surface of the courts and gardens used exclusively and in common;
- the value of the monthly rent, the rules for modifying it and the payment method;
- the amount paid in advance by the tenant;
- the place and conditions under which the receipt and restitution of the keys are achieved;
- the obligations of the parties regarding the use and maintenance of the rented space;
- inventory of objects and related facilities;
- the date of entry into force and the duration of the contract;
- the persons who will live with the contract holder;
- other clauses agreed between the parties.
According to the Decision no. 354/2025 regarding the Fiscal Code, it is not obligatory to register the rental contracts at ANAF. However, the owners must complete the unique income taxation declaration annually. Thus, a rental contract is valid even when it consists of a simple inscribed containing the signatures of both parties.
The rights and obligations of the parties
In a rental contract, both the owner and the tenant have obligations to comply with, but also certain rights.
Obligations
The owner has the following obligations:
- to teach the tenant the house in normal state of operation;
- to take measures for the repair and keeping in safety, in operation and functionality of the house, throughout its rent;
- to maintain in good conditions the elements of the structure of resistance of the building, the exterior construction elements of the building (roof, facade, fencing, pavements), courts and
- the gardens, as well as the common spaces inside the building (the staircase, the lift house, hallways, corridors, basements, exterior stairs);
- to maintain in good conditions the common installations of the building (lift, hydrophoric, water supply, sewerage, central heating and hot water,
- Electrical and gas installations, thermal power plants, crematoriums, waste collection facilities, collective antenna, telephone, etc.).
The tenant has the following obligations:
- to ensure cleanliness and sanitation inside the house, but also within the common parties, throughout the rental contract;
- to repair or replace the elements of construction and installations damaged in the common use, as a result of their improper use;
- to teach the owner the home in a normal state of use, when issuing it;
Good to know: In the case of non -fulfillment by the owner of the obligations that are due to the maintenance and repair of the rented house, the works can be executed by the tenants in the owner’s account, retaining their value from the rent. The tenant will be able to perform these works, if the degradation produced is likely to affect the normal use of the building or the house and only when the owner, at the written notification of the tenant, did not take measures to execute the work, within 30 days of at the date of the complaint.
Rights
Regarding the rights of the parties, they derive from the obligations of the opposite party. Thus, through a rental contract, the owner could prove the existence of a rent and has the right to limit the number of people occupying the house, inspect it by informing the tenant beforehand, have a clear list regarding the division of repair expenses. Also, the owner has the right to include in the contract clauses regarding the payment of a guarantee, the prohibition of pets, smoking in the house, etc.
Regarding the rights of the tenant, they refer, for the most part, to the possibility of receiving the home in perfect working condition and asking the owner to pay repairs that do not concern the improper use of some goods. For example, when repairs are needed at the sewerage network or the roof of the block, these expenses fall into the owner. At the same time, the tenant has the right to ask the owner to notify him before making a visit. Thus, the owner cannot have access to the property at any time.
Another right of the tenant is to under rent, but only with the owner’s consent and under the conditions specified by him. Likewise, the tenant can make changes or improvement to the house, only if the owner has expressed his agreement.
Duration of the lease. How can you terminate it
According to art. 23 of Law 114/1996, if the parties do not agree on the renewal of the rental contract, the tenant is obliged to leave the house at the expiration of the contractual term.
At the same time, if you want to terminate the contract before the initial term expires, you can do this under the following conditions:
- when the tenant did not pay the rent at least 3 consecutive months;
- when the tenant caused any damages to the house or alienated goods for the house;
- The tenant has inadequate behavior that prevents the normal use of the home;
- The tenant did not comply with the contractual clauses;
- at the request of the owners’ association, when the tenant did not pay his obligations from the common expenses, for a period of 3 months;
It is important that in the rental contract there is a clause that allows the owner to evacuate the tenant earlier than the term specified in the contract, even if the reason for the owner wants to terminate the contract is not under the above conditions. Thus, if you meet an advantageous opportunity and want to sell the rented apartment, you can announce the tenant that you want to release the house in compliance with a notice as follows:
- 60 days, if the time interval for which the rent was established is one month or greater;
- 15 days, if the time interval for which the rent was established is less than one month;
Extension of the lease
The extension of the rental contract can be done with the agreement of both parties, which is why it is good for the contract to be a clause that specifies that the contract is automatically extended until the notification of one of the parties. Thus, the contract is extended for an indefinite period, until you or the tenant decide to conclude the contract.
How much does a notary rental contract cost
According to the normative act, the rental contract is considered concluded as soon as the parties have agreed on the good and the price. Thus, you do not need to go to the notary and authenticate the act in order to speak of a valid contract. However, when you authenticate the act at the notary, there are the following advantages:
The tenant can be obliged by the judicial executor to pay the rent, maintenance or other debts;
If the owner sells the building, the tenant is protected because the new owner will not be able to evacuate it.
In general, the drafting and authentication of a lease to the notary is calculated as a percentage of 0.3% of the rent value for the entire period stipulated in the contract, but not less than 50 lei.
How can Skia help you
Skia Real Estate is the main residential, commercial and office rental agent of One United Properties, the most important and innovative real estate developer in Bucharest. Thus, we provide you with the most modern and sustainable homes, which can be a good choice when you want to make a real estate investment.
Developed in the strategic areas of the city, the Estate One assemblies include residential properties that you can buy at advantageous prices.
The purchase of an apartment for the purpose of renting later can be a profitable real estate investment when the apartment is in a good area of the city and has all the facilities. Contact the Skia team and make the best choice!
Photo source: freepik.com.
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