ROMANIA Law and Practice Contributed by: Monia Dobrescu and Mădălina Trifan, Mușat & Asociații
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. 6.20 Registration Requirements The lease must be registered in the Land Book in order to be enforceable against subsequent owners. As a general rule, the tenant covers the fee related to this service (RON75). For agreements concluded after 1 January 2023, taxpayers who obtain income from the transfer of the use of their personal property – other than agricultural land rental income and income from the rental of rooms located in personally owned dwellings for tourism purposes – are required to register the agreement concluded between the parties, as well as any subsequent addenda, with the competent tax authority within 30 days of its conclusion/change. Such requirement is
mandatory for natural persons, but optional for legal persons. 6.21 Forced Eviction When the tenant fails to perform its obligations arising from this agreement without justification, the landlord has the right to terminate the lease and claim compensation, if applicable. Upon prior written notification, and if the ten - ant refuses to leave the premises voluntarily, an eviction is carried out on the basis of a court decision. In addition, the tenant must pay the rent due until the date of the effective vacation of the premises. 6.22 Termination by a Third Party There are certain circumstances that allow the public authorities to terminate a lease agreement by expropriation – for reasons of over-riding public interest at a local or national level. More specifically, any lease agreement shall terminate ipso jure in the course of expropriation proce - dures, on the final judgment date. If the leased property is registered in the Land Book, the agreement must also be recorded with the Land Book in order to be enforceable against any subsequent owner; otherwise, the subsequent owner may terminate the lease. For properties that are not registered, the agreement must have a certified date prior to that of the transfer in order for the lease to be enforceable against any subsequent owner. 6.23 Remedies/Damages for Breach Certain forms of security can be provided to a landlord to protect against a failure by the ten - ant to meet its obligations. In order to cover the damages, the security deposit will be retained in full or in part, depending on the case. If the
855 CHAMBERS.COM
Powered by FlippingBook