ROMANIA Law and Practice Contributed by: Monia Dobrescu and Mădălina Trifan, Mușat & Asociații
er the debtor has the funds necessary to pay for the rent. On a separate matter, for claims that are dated before the opening of the proceedings, the land - lord will lodge its statement of receivable along with the proofs of debt within the term set out in the decision to open the proceedings. 6.16 Forms of Security to Protect Against a Failure of the Tenant to Meet Its Obligations The most common forms of rent security that protect the landlord against the failure of the ten - ant to fulfil its obligations are: • rent deposits; • bank guarantees; and • parent company (corporate) guarantees. 6.17 Right to Occupy After Termination or Expiry of a Lease As a general rule, the tenant does not have the right to continue to occupy the relevant real estate after the expiry or termination of a com - mercial lease. If the tenant continues to occupy the premises and fulfil its obligations after the expiry date, without any opposition from the landlord, the lease is automatically renewed for an indefinite period, under the same conditions, including those related to guarantees. 6.18 Right to Assign a Leasehold Interest If it is not expressly prohibited by contract, the tenant may conclude a sublease or even assign the lease. These agreements may cover all or a portion of the leased premises. Any prohibition on subleasing also includes a prohibition on assigning the lease, but a prohibi -
tion on assigning the lease does not include a prohibition on subleasing. 6.19 Right to Terminate a Lease If the duration is indefinite, any party may termi - nate the agreement by notifying the other party. The legislation stipulates the notice period that must be observed. When one of the parties to the lease does not perform its obligations aris - ing from this agreement without justification, the other party has the right to terminate the lease, with compensation, if applicable, according to law. If the property is completely destroyed or can no longer be used for its designated use, the agree - ment shall terminate ipso jure. If the impossibility of using the property is only partial, the tenant may claim either the termination of the lease or a proportional reduction of the rent, depending on the circumstances. If the defects of the real estate or the disturbance in law are so serious that the tenant would not have concluded the lease if they had known of them, the tenant may terminate the contract, in accordance with the law. If the performance of necessary repairs impedes the tenant’s use of the leased premises, the ten - ant may terminate the agreement. If the tenant modifies the real estate (or its designated use) or uses it in such a way as to cause damages to the landlord, the latter can claim compensation and, as the case may be, terminate the contract. There are also specific provisions regarding the lease of a dwelling and the lease of agricultural land. However, the parties may also agree to other termination clauses.
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