Use the articles from the Romanian Civil Code to negotiate with your landlord, if you are renting directly on the market or if your employer is hosting you.
1. Minimum conditions for living space
According to article 55 and 56 of the REGULATIONS of February 4, 2014, on public health and hygiene regarding the living environment of the population:
- In the sleeping quarters of temporary shelters for workers, a minimum floor area of 10 square meters and a minimum volume of 27 cubic meters must be provided for single-bed rooms, 16 square meters and 43 cubic meters per room for two-bed rooms, a minimum of 20 square meters and 54 cubic meters for three-bed rooms, and 26 square meters and 60 cubic meters for four-bed rooms. The maximum number of occupants shall not exceed the designed capacity.
- The use of bunk beds in shared dormitories at construction sites is permitted, on an exceptional basis, provided that a minimum air volume of 12 cubic meters per person is ensured.
2. Rental contracts
A contract does not need to be notarized or signed by a lawyer to be valid.
- A handwritten or typed contract is valid as long as both parties sign it. (art. 1781 of the Romanian Civil Code)
- The simple fact that the parties agree to a price and regularly pay rent constitutes a contract. In this case, however, the existence of the contract and the rights deriving from it will be harder to PROVE.
- Landlords are required to register rental contracts with ANAF (Romania’s tax authority). (art. 83 of the Romanian Tax Code).
- Failure to register does not affect your rights as a tenant.
- If the landlord does not register, they risk penalties for tax evasion, and you can report it – USE THIS TO NEGOTIATE WITH THE LANDLORD.
3. Protection against eviction
If your landlord is pressuring you to leave the property, they are most likely committing an abuse of power.
- Eviction of a tenant must be authorized by a Romanian Court. No eviction, especially one where the use of police force is being used, is legal without the ruling of a court.
- Eviction proceedings can take anywhere from weeks to several months. At the end of the process, the court and enforcement costs will be the burden of the evicted tenant.
- Simply leaving the property (to go to work, or the store, or anywhere else) without taking your belongings out of the apartment does not constitute a voluntary self-eviction. Thus, if the landlord changes the door lock while you are away so that you can no longer enter the property, they are committing the crime of trespassing (according to art. 224 of the Romanian Criminal Code).
4. Who must do the repairs and ensure functionality?
The Romanian Civil Code is vague in this regard, but it establishes a few basic rules which are subject to interpretation.
Article 1.788 of the Civil Code states that:
- The landlord is obligated to carry out all repairs necessary to maintain the property in a condition suitable for use throughout the term of the lease.
- The tenant is responsible for repairs arising from the normal use of the property.
If the landlord does not fulfil their obligation of repairing the defects which fall upon their responsibility, the law provides article 1.791:
- If the landlord fails to remedy the defects as soon as possible, the tenant is entitled to a proportional reduction in rent. If the defects are so serious that, had the tenant known of them, the tenant would not have leased the property, the tenant may terminate the contract.
- When these defects cause any damage to the tenant, the landlord may also be liable for paying damages, unless he proves that he was unaware of them and that, under the circumstances, he was not supposed to know of them.
According to the Romanian Civil Code, article 1.827:
5. Dangerous conditions (such as mold, structural damage, and other safety hazards)
- If the rented property, by virtue of its structure or condition, poses a serious danger to the health of those who work or reside in it, the tenant, even if he has waived this right, may terminate the lease agreement in accordance with the law.
- The tenant is also entitled to compensation EVEN IF, at the time the contract was signed, both parties were unaware of the defects in the property.
6. Privacy & Security Rights
According to the Civil Code, Articles 1789 and 1804, the landlord must request permission before entering the rental unit.
- Unannounced visits or unauthorized entry are illegal and may be considered trespassing, punishable by 3 months to 2 years in prison or a fine.
- You must allow access for reasonable property inspections or potential buyers, but only with notice and consent.
7. Ending the Rental Contract
Fixed-term contracts (with an end date):
- Usually end when the term expires.
- Landlords cannot terminate early unless the contract allows it (minimum 60-day notice required).
- Tenants can terminate early with 60 days’ notice.
Indefinite contracts (no set end date):
- Can be terminated by either party with at least 60 days’ notice.
8. Rent Increases
According to article 1243 from the Civil Code, the landlord cannot raise the rent without your agreement. Changes must be made with both parties’ consent:
- Fixed-term contracts: Rent changes require an addendum (signed by both).
- After contract expiration: A new contract must be signed.
- Indefinite-term contracts: If you don’t agree to a rent increase, the landlord can terminate the contract with at least 60 days’ notice.