Lease Contract in Romania

According to the Civil Code, lease is the contract by which one party, called the lessor, undertakes to provide the other party, called the lessee, with the use of a property for a certain period in exchange for a price, known as rent. The lease of real estate and of movable property is called renting, while the lease of agricultural property is referred to as agricultural lease. Some of these specific regulations regarding real estate leasing also apply to the lease of spaces intended for the professional activity of a profesionist. Therefore, The Romanian Law Firm Pavel Mărgărit and Associates recommends consulting a civil attorney in Romania who can assist in drafting a lease contract between the involved parties and in resolving any disputes or issues that may arise during the contract’s execution. It is important to emphasize that a civil lawyer in Romania can provide consultation and assistance in complying with legal provisions, drafting and revising a lease contract, and protecting the interests of both parties involved in the legal relationship. They can evaluate and negotiate contractual clauses to ensure a balance between the rights and obligations of the lessor and the lessee.

Sublease and Assignment of Lease Contract

The sublease contract represents a distinct form of the lease contract, highlighting the lessee’s right to transfer the temporary right of use of the leased property to another person, except in situations where this right is expressly prohibited by the lease contract. However, if the property is movable, subleasing or assigning is allowed only with the written consent of the lessor. The sublease contract is subject to the same conditions of validity, produces the same effects, and has the same reasons for termination as the original lease contract, following its legal fate. Collaboration with a civil lawyer and a real estate lawyer in Romania in this regard can significantly contribute to avoiding legal issues and ensuring a transparent and fair contractual relationship between parties. The services provided by a civil lawyer and a real estate lawyer in Romania in a sublease contract may include assistance in drafting a clear sublease contract that properly reflects the understanding of the parties and provides legal protection, consultation regarding sublease contract termination procedures as well as providing updated information on any legislative changes or regulations that may affect subleasing.

Specific Rules for Renting

In Romania, the real estate renting is subject to specific rules provided by specific legislation. According to these rules, legal limits for setting the rent are established, and subsequent changes are allowed only under certain conditions and with prior notice. An important aspect is the security deposit, which the owner can request from the tenant at the conclusion of the rental agreement and it is to be returned at the end of the lease period, provided that the real estate is returned in its initial condition. The rental agreement may also include a notice period in case of termination, providing both the owner and the tenant with the necessary time to prepare for the changes. In addition, the law grants the tenant a preemption right in case of selling the leased real estate, giving them priority to purchase the property before it is offered to other potential buyers. A real estate lawyer can provide assistance in drafting the rental agreement, correctly interpreting legal provisions, negotiating contractual clauses, and providing legal advice and representation in disputes or legal issues arising from the rental agreement.

Specific Rules for Agricultural Lease

An agricultural lease involves specific rules governing the relationship between the lessor and the lessee. These rules include establishing the duration of the contract, often variable depending on the agreement of the parties and the specifics of agricultural crops, as well as the method of paying the lease, either as rent or as a portion of the harvest obtained from agricultural exploitation. The obligations and responsibilities of the parties are clearly defined, including land maintenance, supply, and completion of necessary works. Additionally, the legislation determines the lessee’s rights regarding the use of the harvest and the conditions for terminating the lease contract, including situations of non-compliance with contractual obligations or unforeseen circumstances. The legal assistance from a real estate lawyer from  Pavel Mărgărit and Associates is essential to ensure the correct drafting and adequate interpretation of regulations regarding the agricultural lease.

Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2023, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2023 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website