Skip to content

This is one of the tens of solutions making up the Infrastructure for Good Code for Romania is building. Help us keep them alive and grow their impact.

Send an SMS with the word “PUTEM” to 8864 and donate 4 euros monthly to Code for Romania.

Housing

It is important to feel protected in the space where you live.

If you own an apartment or a house, knowing your rights as a homeowner allows you to live peacefully, enjoy your home and use it legally and in accordance with the rules established by law. Additionally, understanding your rights will help you stay informed about the procedures and obligations related to owning or selling your property.

Also, if you are a tenant, knowing your legal rights is essential to protect yourself from abuses or violations of your rights by the landlord or real estate agents. This helps ensure that the lease agreement complies with the law, that you are not paying unjustified or illegal amounts, and that you have access to a well-maintained and safe residence.

Next, you can find out what  Law made simple says about the buying, selling or other forms of using real estate. Real estate refers to immovable property that cannot be moved from its location (e.g., land, apartments, houses, etc.).

What do you want to know more about?

I want to acquire a property

Under what conditions can I acquire a property?

I am a Romanian citizen

Attention! If you want to acquire a property (house, apartment, land, etc.), you and the seller must go to the notary public. You can find the list of notary offices in each county and in the Municipality of Bucharest here


📌 Under what conditions can I acquire a property?

For any contract to be valid, the parties must be capable of contracting, give their consent at the time of contracting, the object of the contract must be able to be determined (in this case the respective property), and the cause for entering into the contract must be moral and permitted by law.

According to the law, the sale of a property is valid only if it is registered in the land register.


📌 What documents do I need?

As a buyer, you only need to bring your identity document so that the notary can verify who you are. Additionally, if you are married, a marriage certificate is also required.


📌 What documents does the seller need to provide?

The person from whom you buy the property is the one who must bring all the necessary documents to confirm that they are indeed the owner of the property and have the right to sell it:

  • their identity document;

  • the property ownership document (which can be a sale-purchase agreement, a donation contract, a final and irrevocable civil decision, a divorce court decision, a property title or a certificate of inheritance obtained through succession at the notary and registered in the land register);

  • tax certificate, proving that all obligations to the state have been fulfilled;

  • cadastral documentation, including cadastre (documentation and measurements of the property, which must be registered at the Land Registry to receive a cadastral number) and registration (entry based on the cadastral number in the Land Registry);

  • land register extract, issued by the notary public;

  • energy performance certificate, issued by an energy auditor certified by the Ministry of Regional Development and Public Administration. The certificate is usually issued within 24-48 hours and is valid for 10 years;

  • certificate issued by the homeowners/tenants association, if applicable. This is important to prove that the owner has no outstanding payments;

  • marriage certificate, if applicable;

The notary will verify all these documents.

I am not a Romanian citizen

I am a citizen of an EU member state or the European Economic Area

The required documents depend on the place of your residence. The residence refers to the address where you declare to have a secondary residence, different from the one stated in your identity document.

My residence is in Romania

Attention! If you want to acquire a property (house, apartment, land, etc.), you and the seller must go to the notary public. You can find the list of notary offices in each county and in the Municipality of Bucharest here


📌 Under what conditions can I purchase a property?

If you are a citizen of a member state of the European Union or the European Economic Area and you want to purchase a property, you can do so under the same conditions as a Romanian citizen.

For any contract to be valid, the parties must be capable of contracting, give their consent at the time of contracting, the object of the contract must be able to be determined (in this case the respective property), and the cause for entering into the contract must be moral and permitted by law.

According to the law, the sale of a property is valid only if it is registered in the land register.


📌 What documents do I need?

As a buyer, you only need to bring your identity document so that the notary can verify who you are. Additionally, if you are married, a marriage certificate is also required.


📌 What documents does the seller need to provide?

The person from whom you buy the property is the one who must bring all the necessary documents to confirm that they are indeed the owner of the property and have the right to sell it:

  • their identity document;

  • the property ownership document (which can be a sale-purchase agreement, a donation contract, a final and irrevocable civil decision, a divorce court decision, a property title or a certificate of inheritance obtained through succession at the notary and registered in the land register);

  • tax certificate, proving that all obligations to the state have been fulfilled;

  • cadastral documentation, including cadastre (documentation and measurements of the property, which must be registered at the Land Registry to receive a cadastral number) and registration (entry based on the cadastral number in the Land Registry);

  • land register extract, issued by the notary public;

  • energy performance certificate, issued by an energy auditor certified by the Ministry of Regional Development and Public Administration. The certificate is usually issued within 24-48 hours and is valid for 10 years.

  • certificate issued by the homeowners/tenants association, if applicable. This is important to prove that the owner has no outstanding payments;

  • marriage certificate, if applicable;

The notary will verify all these documents.

My residence is not in Romania

Attention! If you want to acquire a property (house, apartment, land, etc.), you and the seller must go to the notary public. You can find the list of notary offices in each county and in the Municipality of Bucharest here


📌 Under what conditions can I acquire a property?

If you are a citizen of a European Union or European Economic Area member state and wish to purchase a property, you can do so under the same conditions as a Romanian citizen. However, as a non-resident, you will need to obtain a special code from the National Agency for Fiscal Administration (ANAF) called NIF (fiscal registration number) by filling in the Form 030. This code will enable you to pay taxes and duties. Learn more about obtaining the NIF from the guide offered by ANAF.

For any contract to be valid, the parties must be capable of contracting, give their consent at the time of contracting, the object of the contract must be able to be determined (in this case the respective property), and the cause for entering into the contract must be moral and permitted by law.

According to the law, the sale of a property is valid only if it is registered in the land register.


📌 What documents do I need?

As a buyer, you only need to bring your identity document so that the notary can verify who you are. Additionally, if you are married, a marriage certificate is also required.


📌 What documents does the seller need to provide?

The person from whom you buy the property is the one who must bring all the necessary documents to confirm that they are indeed the owner of the property and have the right to sell it:

  • their identity document;

  • the property ownership document (which can be a sale-purchase agreement, a donation contract, a final and irrevocable civil decision, a divorce court decision, a property title or a certificate of inheritance obtained through succession at the notary and registered in the land register);

  • tax certificate, proving that all obligations to the state have been fulfilled;

  • cadastral documentation, including cadastre (documentation and measurements of the property, which must be registered at the Land Registry to receive a cadastral number) and registration (entry based on the cadastral number in the Land Registry);

  • land register extract, issued by the notary public;

  • energy performance certificate, issued by an energy auditor certified by the Ministry of Regional Development and Public Administration. The certificate is usually issued within 24-48 hours and is valid for 10 years.

  • certificate issued by the homeowners/tenants association, if applicable. This is important to prove that the owner has no outstanding payments;

  • marriage certificate, if applicable;

The notary will verify all these documents.

I am a citizen of another state

Attention! If you want to acquire a property (house, apartment, land, etc.), you and the seller must go to the notary public. You can find the list of notary offices in each county and in the Municipality of Bucharest here


📌 Under what conditions can I purchase a property?

If you are not a Romanian citizen or of any EU/EEA member state, you can purchase a property on the basis of a mutual international agreement between Romania and the respective country.

Citizens of third countries can acquire property rights over constructions and the right of superficies (a right of use for the duration of the construction's existence) over land, if they wish to acquire real estate in Romania. 

However, the fastest solution for a non-EU citizen regarding the acquisition of real estate is the establishment of an LLC with a sole partner in Romania. The partner can purchase the property in the name of the company he owns, respecting the legislation in force regarding the purchase of a property by a legal entity based in Romania.

For any contract to be valid, the parties must be capable of contracting, give their consent at the time of contracting, the object of the contract must be able to be determined (in this case the respective property), and the cause for entering into the contract must be moral and permitted by law.

According to the law, the sale of a property is valid only if it is registered in the land register.


📌 What documents do I need?

If you are purchasing the property as an individual, you only need to bring your identity document for the notary to verify your identity. Additionally, if you are married, a marriage certificate is required.

If you are purchasing the property on behalf of a legal entity, the procedure is the same, except that for legal entities, proof of the identity of the respective company must be provided. This is done through the Articles of Incorporation and the Certificate of Registration issued by the Trade Register, proving the valid establishment of an LLC in Romania.


📌 What documents does the seller need to provide?

The person from whom you buy the property is the one who must bring all the necessary documents to confirm that they are indeed the owner of the property and have the right to sell it:

  • their identity document;

  • the property ownership document (which can be a sale-purchase agreement, a donation contract, a final and irrevocable civil decision, a divorce court decision, a property title or a certificate of inheritance obtained through succession at the notary and registered in the land register);

  • tax certificate, proving that all obligations to the state have been fulfilled;

  • cadastral documentation, including cadastre (documentation and measurements of the property, which must be registered at the Land Registry to receive a cadastral number) and registration (entry based on the cadastral number in the Land Registry);

  • land register extract, issued by the notary public;

  • energy performance certificate, issued by an energy auditor certified by the Ministry of Regional Development and Public Administration. The certificate is usually issued within 24-48 hours and is valid for 10 years.

  • certificate issued by the homeowners/tenants association, if applicable. This is important to prove that the owner has no outstanding payments;

  • marriage certificate, if applicable;

The notary will verify all these documents.

My rights and obligations as a buyer

📌 Transfer of the property - You have the obligation to pay the property price and take it over from the seller. In return, the seller must transfer the ownership right of the property to you and deliver the property in the condition it was in at the time of signing the contract.

📌 Taxes & fees - As the buyer, you are responsible for the following costs:

  • Land registration fee (registration in the Real estate register) to the Land Registry and Real Estate Publicity Office, which is 0.15% of the sale price. According to the law, the sale of a property is valid only if it is registered in the Real estate register.

  • Notary fee. The value of minimum notary fees is set by law and varies based on the property value, the duration the property has been owned by the seller, and whether you and the seller are individuals or legal entities. Notaries may set fees higher than the minimum rate.

📌 Guarantees - The seller must guarantee you against any disturbances caused by a third party (of which they were aware before the sale), as well as any issues that may make the property uninhabitable.

What logistics details should I pay attention to?

Seismic vulnerability

It is important to know the seismic vulnerability of the property you are about to purchase. Every building carries a certain seismic risk, but only a small portion of them have been assessed and categorized into a risk class (less than 0.1% of all buildings in Romania).

Determining the seismic risk for a specific construction is done by placing it into one of the four seismic risk classes:

  • Seismic risk class RsI: for buildings at risk of complete or partial collapse, with significant human and material losses;

  • Seismic risk class RsII: buildings at risk of suffering major damage following an earthquake;

  • Seismic risk class RsIII: buildings at risk of moderate damage following an earthquake;

  • Seismic risk class RsIV: buildings built in accordance with current technical regulations.

It is necessary to pay attention to buildings classified in emergency categories (U1, U2, and U3), meaning those buildings assessed based on previous legislation. Many properties in Bucharest, and beyond, have been categorized as U1, U2, or U3 by authorities, promising their consolidation based on the urgency level. However, very few of them have actually been reconsolidated, and they have not been re-evaluated either. This is a way to deceive tenants or buyers regarding the seismic risk of the building.

For added safety, you can verify the technical details of the construction with the assistance of a technical consultant (architect, engineer, or designer).

In an effort to enhance our level of preparedness and safety, Romania has made publicly available and easily accessible a centralized collection of information regarding seismic-risk buildings across the entire country on the "Acasă, în siguranță" website.

For the first time, vital information is now accessible to all of us concerning living in an area with fragile infrastructure, long neglected by authorities: seismic risk, protection measures, and a map of expert-evaluated vulnerable residential buildings, with their assessments communicated and transmitted to the authorities.

Registration in the Real Estate Register

It is important for the owner to have the property registered in the Real Estate register. This can be verified by obtaining a Real Estate register extract. This can be done on the website of the National Agency for Cadastre and Land Registration (ANCPI), for a small fee.

Utility Payments

As a new owner, you will be responsible for covering current expenses (e.g., maintenance, electricity, cable, internet, gas, etc.). Depending on the provider, the property size, and its thermal efficiency, prices can vary significantly.

For apartment buildings, utility costs are typically displayed on the maintenance list, which is usually posted on the bulletin board in the building's entrance hall. Next to the apartment number you are planning to purchase, the amounts due for all utility categories will be listed. You can also check the amounts paid by neighbors in similar apartments (e.g., with the same number of rooms).

Regarding houses, it is advisable for the owner to provide you with contracts from service providers for electricity, gas, sanitation, street lighting, security, etc., as applicable. Some of these services will likely be provided by private companies, while others may be supplied by the local municipality. To get an idea of potential costs, you can check the prices on the websites of these companies or the municipality.

Keep in mind that costs will also vary based on your consumption. Even if the owner shows you past bills, there is a possibility that your usage may differ from theirs.

Financial Situation of the Homeowners' Association

If you choose to buy an apartment, it is useful to check the financial situation of the homeowners' association. On the previously mentioned maintenance list, at the bottom, there should be information regarding:

  • 'Maintenance Arrears' and 'Penalty Arrears' - indicating the amounts the association is trying to recover from property owners, including penalties for late payments. If the association has substantial amounts to recover from owners, it implies significant debts, which could lead to insolvency or an inability to pay utilities.

  • 'Fund Arrears,' which may refer to reserve funds, repair funds, or other funds. The existence of a repair fund allows the association to immediately have funds available in case of a major breakdown. The reserve fund is intended to cover any debts to suppliers on time.

Other Logistic Details

Before purchasing a property, it is advisable to pay attention to:

  • Location and available transportation in the area. You may be interested, for example, in the distance to the nearest supermarket, pharmacy, or subway station. The distance to your workplace or your children's school can also be crucial factors.

  • The neighborhood where the property is located to avoid potential inconveniences such as noisy neighbors or waste depots. If there are planned constructions in the area, such as buildings or road infrastructure, they can affect the property's value.

  • Whether parking is provided, especially if you own a vehicle. A property with an included parking space can save you a lot of time and energy, especially if you live in a large city.

  • Thermal insulation and humidity in the property, which can lead to its more rapid deterioration or even pose health risks to those living there.

  • The typical cost of utilities for the specific property. Depending on the provider, the property size, and its thermal efficiency, utility prices can vary significantly.

I want to sell a property

Under what conditions can I sell a property?

Attention! If you want to sell a property (house, apartment, land, etc.), you and the buyer must go to the notary public. You can find the list of notary offices in each county and in the Municipality of Bucharest here.

For any contract to be valid, the parties must be capable of contracting, give their consent at the time of contracting, the object of the contract must be able to be determined (in this case the respective property), and the cause for entering into the contract must be moral and permitted by law.

According to the law, the sale of a property is valid only if it is registered in the land register.


📌 What documents do I need?  

As a seller, you need to provide all the necessary documents to confirm that you are indeed the owner of the property and have the right to sell it: 

  • your identity document;

  • the property ownership document (which can be a sale-purchase agreement, a donation contract, a final and irrevocable civil decision, a divorce court decision, a property title or a certificate of inheritance obtained through succession at the notary and registered in the land register);

  • tax certificate, proving that all obligations to the state have been fulfilled;

  • cadastral documentation, including cadastre (documentation and measurements of the property, which must be registered at the Land Registry to receive a cadastral number) and registration (entry based on the cadastral number in the Land Registry);

  • land register extract, issued by the notary public;

  • energy performance certificate, issued by an energy auditor certified by the Ministry of Regional Development and Public Administration. The certificate is usually issued within 24-48 hours and is valid for 10 years.

  • certificate issued by the homeowners/tenants association, if applicable. This is important to prove that you have no outstanding payments;

  • marriage certificate, if applicable;


📌 What documents does the buyer need to provide?

The buyer only needs to bring their identity document, for the notary to verify their identity. Additionally, if married, a marriage certificate is also required.

My rights and obligations as a seller

📌 Transfer of the Property - You are obligated to transfer ownership of the property and deliver it in the condition it was in at the time of the sale, in exchange for the payment of the price by the buyer

📌 Taxes and Duties - As a seller, you are responsible for paying the income tax on the sale of the property. The amount you owe depends on the period during which you have owned the property:

  • If you have owned the property for more than 3 years, you will owe a tax of 1%;

  • If you have owned the property for less than 3 years, you will owe a tax of 3%.

On the other hand, the buyer is responsible for the payment of the following fees:

  • Land registration fee (registration in the Real Estate Register) to the Land Registry and Real Estate Publicity Office, which is 0.15% of the sale price. According to the law, the sale of a property is valid only if it is registered in the Real Estate Register.

  • Notary fee. The value of minimum notary fees is set by law and varies based on the property value, whether you and the buyer are individuals or legal entities. Notaries may set fees higher than the minimum tariff.

📌 Guarantees - Additionally, you must guarantee the buyer against any disturbances caused by a third party (of which you were aware before the moment of sale), as well as any issues that may render the property uninhabitable.

I want to rent a property

Lease agreement Overview

The lease agreement, legally referred to as a lease contract, does not need to be signed in front of a notary. It is sufficient for the landlord (lessor) and the tenant (lessee) to have a written contract signed by both parties.

Attention! All lease contracts concluded after January 1, 2023, must be registered with the National Agency for Fiscal Administration (ANAF)! This is an obligation that falls on the landlord (lessor).

Regarding the price, it is referred to as rent and can be established either in a sum of money or in any other good or even another service.

A lease contract for a property can be concluded even if you are a minor who has reached the age of 14, but in this case, the duration of the contract cannot exceed 5 years.

The lease agreement should contain the following information:

  • Identification of the landlord and tenant (name, personal identification code, contact details);

  • Description of the property to be leased;

  • Rent amount, payment method (cash, bank transfer, etc.), due date, and any penalties for late payment;

  • Security deposit amount and the conditions under which it can be retained by the landlord at the end of the contract;

  • Duration of the lease agreement;

  • Obligations of the landlord and tenant;

  • Situations leading to the termination of the contract, including at the request of either party.

For inspiration, you can also consult the following lease agreement template:

LEASE AGREEMENT TEMPLATE

In addition to the lease agreement itself, we recommend creating a handover protocol, which should be an annex to the contract and include:

  • A list of items in the apartment (furniture, appliances, etc.) and their current condition;

  • Utility situation/index (e.g., meter readings, last paid bills);

  • Other aspects related to the condition of the property.

Be sure to mention any faults of various items around the house (e.g., scratched sofa, non-functioning bedroom lamp, or stains on the floor).

For even more safety, you can take photos or record videos of the property at the time of handover.

With the help of this documentation, both the landlord and the tenant are more protected against potential abuses by the other party.

The rights and obligations of the tenant

The rights of the tenant

📌 Quiet enjoyment - The owner of the respective residence must first deliver the property, maintain the dwelling in good condition, and also ensure your right to peacefully enjoy the respective house/apartment.

📌 Repairs - The owner is responsible for major repairs that were not caused by you (e.g., related to water, sewage, electricity, gas installations, etc.). However, if you are a tenant and have notified the need for repairs, but no repairs have been made, you can proceed with the repairs yourself. In this case, the owner should reimburse you for the expenses incurred in making the repairs, including interest calculated from the date of repairing the damages. If it was an emergency situation, you can inform the owner after starting the repairs, but any applicable interest can only be applied from the moment the owner was notified.

📌 Guarantee - The owner must also guarantee you against any problems that arise, whether or not they were aware of these issues at the time you entered into the contract, as long as these problems were not obvious, and you did not mention them. If the owner does not address these issues, you, as the tenant, have the right to a rent reduction, and if, knowing about these problems, you would not have entered into this lease, you may even terminate the contract.

📌 Subleasing - You are allowed to sublease the place as long as there is no clause in the contract between you and the owner prohibiting it.

The obligations of the tenant

📌 Rent - If you are a tenant, you have the primary obligation to take possession of the respective property and pay the rent agreed upon at the signing of the contract on the specified terms. Generally, lease contracts opt for monthly rent payments. If not specified otherwise in the contract with the owner, rent must be paid as follows:

  • In advance for the entire duration of the contract if it is concluded for less than a month;

  • On the first working day of each month if it is concluded for more than a month;

  • On the first working day of each quarter if the contract duration is at least one year.

It is advisable to have proof that you have paid the rent in case you have a landlord of bad faith pretending that you did not give them the money.

If you pay the rent by bank transfer, you can save the payment proof or a screenshot of the account statement, indicating that you paid the rent to the owner's account. In the payment details, mention the month for which you are paying the rent.

If you pay the rent in cash, it is advisable to ask the landlord for a receipt or a handwritten document to prove that you paid the rent. In this case as well, it should be very clear for which month you are paying the respective rent, and this information should be explicitly stated in the receipt or document issued by the landlord.

A lease agreement (locatio conductio) concluded in authentic form (notarized) or registered with ANAF constitutes an enforceable title. This means that you can be forcibly executed (required to pay the rent) based solely on it, without the need for additional actions from the landlord. Non-payment of rent can be grounds for you to request the termination of the contract between you and the tenant.

📌 Payment of utilities - as a tenant, you are responsible for paying the utilities during the period you rent the respective property. Similar to rent payment, we recommend keeping proof of bill payments (bank statements, receipts, etc.).

📌 Repairs - you are responsible for minor repairs that result from the normal use of the property (e.g., changing a light bulb or a faulty faucet).

📌 Care for the property - You are obligated to use the residence with care, avoiding causing significant damage. Additionally, you must vacate the property and return it to the landlord when the contract ends.

📌 Access for the landlord - you are obligated to allow the landlord to inspect the residence within reasonable limits, as well as any potential future tenants or buyers.

📌 Security deposit - in most lease agreements, you will be required to pay a security deposit when signing the contract. This serves to protect the landlord against potential damages, unpaid rent, or utility bills. The security deposit is typically equivalent to one month's rent. To ensure clarity for both you and the landlord, the agreed-upon amount for the security deposit, its purpose, and the conditions for its return should be explicitly stated in the lease agreement.

We recommend being particularly attentive when signing the lease agreement and the handover-receipt document for the property to avoid situations where the security deposit is withheld for reasons that are not your fault.

Normally, if you have paid the rent and utilities according to the contract and have not caused any damage to the apartment, you should get your security deposit back. If, however, the landlord refuses to return the deposit, try to find out the reason for this refusal. If the refusal is based on an alleged non-payment, provide proof of payment. If the refusal is based on the condition of the apartment, compare the current state of the property with the one documented in the handover-receipt.

If you believe that the landlord's refusal is unjustified and discussions with them do not lead to the desired result, you also have the option of taking legal action. Normally, the competent court to judge such cases is the court in the jurisdiction of the rented property. You can find the complete list of courts in Romania here.

You have the option to represent yourself in court or seek the assistance of a lawyer. However, keep in mind that legal proceedings may involve some costs and have a duration that might make it not worthwhile compared to the amount you are trying to recover. A lawyer can provide you with more information regarding your individual situation.

The rights and obligations of the owner

The owner’s rights

📌 Rent - The tenant has the primary obligation to take possession of the respective property and pay the rent agreed upon at the signing of the contract on the specified terms. Generally, lease contracts opt for monthly rent payments. If not specified otherwise in the contract with the  tenant, rent must be paid as follows:

  • In advance for the entire duration of the contract if it is concluded for less than a month;

  • On the first working day of each month if it is concluded for more than a month;

  • On the first working day of each quarter if the contract duration is at least one year.

The lease agreement (locatio conductio) concluded in authentic form (notarized) or registered with ANAF constitutes an enforceable title. This means that you can forcibly execute the tenant (require to pay the rent) based solely on it, without the need for additional actions from your side.

📌 Care for the property - The tenant is obligated to use the residence with care, avoiding causing significant damage. Additionally, he must vacate the property and return it to you when the contract ends.
📌 Payment of utilities - the tenant is responsible for paying the utilities during the period he rents the respective property. 

📌 Repairs - the tenant is responsible for minor repairs that result from the normal use of the property (e.g., changing a light bulb or a faulty faucet).

📌 Access for the landlord - the tenant must allow the landlord to inspect the residence within reasonable limits, as well as any potential future tenants or buyers.

📌 Security deposit - in most lease agreements, the tenant is required to pay a security deposit when signing the contract. This serves to protect you against potential damages, unpaid rent, or utility bills. The security deposit is typically equivalent to one month's rent. To ensure clarity for both you and the tenant, the agreed-upon amount for the security deposit, its purpose, and the conditions for its return should be explicitly stated in the lease agreement.
We recommend being particularly attentive when signing the handover-receipt document for the property to have a thorough record of the property's condition, as well as its interior items. This will help avoid situations where you cannot recover any potential damages.

The owner’s obligations

Attention! All lease contracts concluded after January 1, 2023, must be registered with the National Agency for Fiscal Administration (ANAF)! This is an obligation that falls on you, as a landlord (lessor).

📌 Quiet enjoyment - You must  deliver the property to the tenant, maintain the property in good condition, and also ensure him the right to peacefully enjoy the respective house/apartment

📌 Repairs - The owner is responsible for major repairs that were not caused by you (e.g., related to water, sewage, electricity, gas installations, etc.). However, if the tenant has notified the need for repairs, but no repairs have been made, he can proceed with the repairs himself. In this case, you should reimburse him for the expenses incurred in making the repairs, including interest calculated from the date of repairing the damages. If it was an emergency situation, the tenant can inform you after starting the repairs, but any applicable interest can only be applied from the moment he notified you.

📌 Guarantee - You must also guarantee the tenant against any problems that arise, whether or not you were aware of these issues at the time you signed the contract, as long as these problems were not obvious, and you did not mention them. If you do not address these issues, the tenant has the right to a rent reduction, and if, knowing about these problems, he would not have entered into this lease, the tenant may even terminate the contract.

📌 Subleasing - The tenant is allowed to sublease the place as long as there is no clause in the contract between you and the tenant prohibiting it.

What logistics details should I pay attention to, as a tenant?

Seismic vulnerability

It is important to know the seismic vulnerability of the property you are about to purchase. Every building carries a certain seismic risk, but only a small portion of them have been assessed and categorized into a risk class (less than 0.1% of all buildings in Romania).

Determining the seismic risk for a specific construction is done by placing it into one of the four seismic risk classes:

  • Seismic risk class RsI: for buildings at risk of complete or partial collapse, with significant human and material losses;

  • Seismic risk class RsII: buildings at risk of suffering major damage following an earthquake;

  • Seismic risk class RsIII: buildings at risk of moderate damage following an earthquake;

  • Seismic risk class RsIV: buildings built in accordance with current technical regulations.

It is necessary to pay attention to buildings classified in emergency categories (U1, U2, and U3), meaning those buildings assessed based on previous legislation. Many properties in Bucharest, and beyond, have been categorized as U1, U2, or U3 by authorities, promising their consolidation based on the urgency level. However, very few of them have actually been reconsolidated, and they have not been re-evaluated either. This is a way to deceive tenants or buyers regarding the seismic risk of the building.

In an effort to enhance our level of preparedness and safety, Romania has made publicly available and easily accessible a centralized collection of information regarding seismic-risk buildings across the entire country on the "Acasă, în siguranță" website.

For the first time, vital information is now accessible to all of us concerning living in an area with fragile infrastructure, long neglected by authorities: seismic risk, protection measures, and a map of expert-evaluated vulnerable residential buildings, with their assessments communicated and transmitted to the authorities.

Payment of utilities

The tenant is responsible for paying ongoing expenses (eg: maintenance, electricity, cable, internet, gas, etc.). Depending on the distributor, the area of the building and its thermal efficiency, prices can vary greatly.

For apartment buildings, utility costs are typically displayed on the maintenance list, which is usually posted on the bulletin board in the building's entrance hall. Next to the apartment number you are planning to rent, the amounts due for all utility categories will be listed. You can also check the amounts paid by neighbors in similar apartments (e.g., with the same number of rooms).

Regarding houses, it is advisable for you to provide the tenant with contracts from service providers for electricity, gas, sanitation, street lighting, security, etc., as applicable. Some of these services will likely be provided by private companies, while others may be supplied by the local municipality. To get an idea of the possible costs, you can check the prices that the company or the town hall practice on their websites.

You should also keep in mind that costs will vary depending on your consumption. Even if the owner shows you past bills, there is a possibility that you may be consuming more or less than him.

Financial Situation of the Homeowners' Association

If you choose to rent an apartment, it is useful to check the financial situation of the homeowners' association. On the previously mentioned maintenance list, at the bottom, there should be information regarding:

  • 'Maintenance Arrears' and 'Penalty Arrears' - indicating the amounts the association is trying to recover from property owners, including penalties for late payments. If the association has substantial amounts to recover from owners, it implies significant debts, which could lead to insolvency or an inability to pay utilities.

  • 'Fund Arrears,' which may refer to reserve funds, repair funds, or other funds. The existence of a repair fund allows the association to immediately have funds available in case of a major breakdown. The reserve fund is intended to cover any debts to suppliers on time.

Other Logistic Details

Before purchasing a property, it is advisable to pay attention to:

  • Location and available transportation in the area. You may be interested, for example, in the distance to the nearest supermarket, pharmacy, or subway station. The distance to your workplace or your children's school can also be crucial factors.

  • The neighborhood where the property is located to avoid potential inconveniences such as noisy neighbors or waste depots. If there are planned constructions in the area, such as buildings or road infrastructure, they can affect the property's value.

  • Whether parking is provided, especially if you own a vehicle. A property with an included parking space can save you a lot of time and energy, especially if you live in a large city.

  • Thermal insulation and humidity in the property, which can lead to its more rapid deterioration or even pose health risks to those living there.

  • The typical cost of utilities for the specific property. Depending on the provider, the property size, and its thermal efficiency, utility prices can vary significantly.

The landlord wants to evict me - what can I do?

In case the contract was concluded without a clearly specified rental period, as a tenant, you can terminate it with a notice period, which cannot be less than one-fourth of the time for which you have paid the rent. For example, if you have paid rent for 12 months, you can announce the termination of the contract with a 3-month notice period. If you are the landlord and wish to terminate the contract, the notice period is 60 days if you have set the rent payment for more than a month or 15 days if the rent payment is for less than a month.

If you are a tenant, but your contract has ended, the Civil Code provides that you have a right of preference for a new lease, and this right can be exercised after:

  • a maximum of 3 months from the termination of the contract, if it lasted more than 1 year;

  • 30 days if it lasted one month or more;

  • 3 days if it lasted less than a month.

The landlord cannot evict you except based on a court decision. However, if the landlord or tenant fails to fulfill their obligations towards each other, then the other party can request the termination of the contract. The landlord is allowed to request the termination of the contract if the tenant's behavior makes it impossible to live with them, either as neighbors or as apartment mates.

I want to conclude a loan agreement

About the loan agreement (commodate)

The loan agreement is also referred to as a loan for use contract. Commodate implies that the owner (commodator) provides the property for use by the borrower (commodatee), without requesting payment for it. The property must be returned to the owner after a specified period agreed upon by both parties.

It is not necessary for the loan agreement to be concluded before a notary. It is sufficient if the owner (commodator) and the borrower (commodatee) have a written contract signed by both parties.

Rights and obligations of the borrower (commodatee)

📌 Care for the property - If you have received the respective property through a loan for use contrat, you must use it with care, just a truly good owner would.

As a borrower, you are not responsible for the deterioration of the property if you have used it carefully. However, if you have not done so or have used the property after the agreed-upon period, then you are responsible.

📌 Expenses - Additionally, you are responsible for the expenses you have incurred during the use of the respective property, except for expenses for necessary works that took place in the property, which could not be anticipated at the time of concluding the contract, provided you have notified the owner in advance.

📌 Use of the property by other persons - You cannot allow a third person to enjoy the respective property unless you have the prior approval of the one who provided it to you.

📌 Return of the property - You must return the property to the owner at the agreed-upon term in the loan for use contract.

The owner (commodator) can request early return (before the term specified in the contract) if they urgently need the respective property or if you, as the borrower, have violated your obligations.

Rights and obligations of the owner (lender)

📌 Care for the property - The borrower has the obligation to use the dwelling with care, just as a truly good owner would.

The borrower is not responsible for the deterioration of the property if used with care. However, they are liable for damages if the property is not used with care or if the dwelling is used beyond the agreed-upon period.

📌 Expenses - Additionally, the borrower is responsible for the expenses incurred during the use of the respective property, except for expenses related to necessary works in the property that could not be anticipated at the time of concluding the contract, provided they have been notified in advance.

📌 Use of the property by other persons - The borrower cannot allow a third person to enjoy the respective property without the prior approval of the one who provided it.

📌 Return of the property - The borrower must return the property to the owner at the agreed-upon term in the loan for use contract.

The owner (commodator) can request early return (before the term specified in the contract) if they urgently need the respective property or if the borrower has violated their obligations.

Relationship with the homeowners association

📌 How to establish the homeowners' association?


The homeowners' association is established with the written agreement of at least half plus one of the number of owners in a building with multiple dwellings, provided there are a minimum of 3 owners.

To be established, during the first meeting, the statute of the homeowners' association must be presented and adopted. This statute should include information regarding:

  • Name, headquarters, duration of operation;

  • Purpose, according to the law;

  • Structure of incomes and expenses;

  • Members of the association, as well as their rights and obligations;

  • Organization and functioning of the association;

  • Allocation of expenses;

  • Conditions under which it can be dissolved;

  • When and how the president or a member of the executive committee of the association is allowed access to individual property;

  • Arrangement of an office where activities will take place, and documents will be kept.

📌 What rights do I have as a member of a homeowners' association?

As a member of a homeowners' association, you have the following rights:

  • To participate and vote at the general assembly of the respective association;

  • To register your candidacy, run for office, choose, and be elected within the organizational structure of the association;

  • To be informed about the activities of the association and to receive a copy, upon request, of any of its documents;

  • To receive explanations regarding the amount you are required to contribute to this association;

  • To address complaints to the president, executive committee, or specialized institutions regarding the disturbance of peace and compliance with public order;

  • To request the annulment of a decision of the association that is contrary to the law or the interests of the property owners.

📌 What obligations do I have as a member of a homeowners' association?

As a property owner, you are obliged to:

  • Notify the president of the association of any changes in the structure and number of family members, individuals occupying the space, or tenants/comodataries, within 10 days of the change, in writing;

  • Maintain your individual space in good working order at your own expense;

  • Repair damages or cover the costs of necessary repairs in the event of damage to the individual property of a neighbor;

  • Allow access to the president of the association, members of the executive committee, administrators, and qualified individuals when work related to the common property of the owners needs to be carried out;

  • Take measures for the repair, consolidation, and modernization of the condominium to maintain a harmonious appearance of the entire property.

📌 The responsibilities of the homeowners' association include:

  • Electing and revoking the positions within the homeowners' association;

  • Adopting and amending the statute of the property;

  • Adopting, amending, or revoking resolutions regarding the execution of maintenance, repairs, modernization, consolidation, thermal rehabilitation, and energy efficiency works; contacting banks to obtain loans to cover expenses for various works; determining the annual salary and allowances fund and its amounts; determining the methods and installments for contributions;

  • Adopting and amending the budget.

📌 Financial situation of the homeowners' association.

If you choose to rent an apartment, it is useful to check the financial situation of the homeowners' association. On the aforementioned maintenance list, at the bottom, there should be information regarding:

  • "Maintenance arrears" and "Penalty arrears" - meaning the amounts the association needs to collect from property owners, including penalties for late payments. If the association has significant amounts to recover from property owners, it indicates large debts, which may lead to insolvency or an inability to pay utilities.

  • "Fund arrears," which can refer to the reserve fund, repair fund, or other funds. The existence of a repair fund allows the association to immediately access funds to address a serious breakdown. The reserve fund covers potential debts to suppliers on time.

📌 How decisions are made in homeowners' associations:

The general assembly can make decisions if the majority (half plus one) of the property owner members of the homeowners' association are present either in person or represented by delegates with a written and signed power of attorney from the owners on whose behalf they vote.

If the necessary quorum of half plus one of the members of the homeowners' association is not met at the first call, the general assembly meeting is suspended and reconvened within a maximum of 15 days from the date of the first call. At the reconvened general assembly, if there is evidence that all members of the homeowners' association have been notified through a convocation table, registered mail, and posting on the notice board, decisions can be adopted regardless of the number of present members, by the majority vote of those present.

Decisions require the agreement of two-thirds of the total number of property owners, especially concerning impactful aspects such as modernization, repairs, or improvements to the property.


This site uses cookies

In order to provide you with the best browsing experience we use cookies. If you disagree with this, you may withdraw your consent by changing the settings on your browser.

More info