Complete rental guide: security for tenant and landlord

Why a written rental contract is essential

The rental market has become more dynamic in recent years, with asking rents at national level increasing by approximately 12–15% in 2024 compared with the previous year, according to a Storia analysis cited by the economic press.(zf.ro) In this context, a clear and fair rental contract is the best protection for both the tenant and the landlord.

The Civil Code provides that a lease contract can be concluded verbally or in writing, but only the written form allows easy proof of the agreed clauses and registration with ANAF.(legislatie.just.ro) In practice, the absence of a contract or of clear clauses generates most conflicts related to rent, deposit, or the rental period.

A rental contract for housing should include at least the following elements:

• identification of the parties, including personal identification number/tax identification code and correspondence addresses;
• exact description of the property (address, cadastral number if available);
• rental period (fixed-term or open-ended) and the date from which rent payment starts;
• amount of rent, currency, payment due date, and method of indexation;
• amount of the deposit and the conditions for its use/refund;
• allocation of obligations regarding utilities and maintenance expenses;
• conditions for termination and notice periods for each party;
• condition of the dwelling, furniture, and appliances, ideally through an attached handover report.

Signing a written contract, with a handover annex and registration with ANAF, drastically reduces the risk of disputes and offers both parties legal security.

Registering the contract with ANAF: how it protects the tenant and the landlord

Starting with the tax changes applicable from January 1, 2023 and maintained in 2024, ANAF expressly emphasizes the obligation to register rental contracts (lease contracts) with the competent tax authority.(static.anaf.ro) This obligation mainly lies with the landlord, but the benefits are for both parties.

The procedure is carried out by submitting the form “C168 – Application for registration of lease contracts” in electronic format, through the Virtual Private Space or another channel accepted by ANAF.(static.anaf.ro) Registration is required both when signing the contract and for subsequent amendments (for example, changes to rent or duration).

Advantages for the landlord:

• clear tax situation and avoidance of fines for failure to register rental income;
• possibility to officially prove the existence of the contract in relation to the bank or other institutions;
• transparency in the relationship with the tenant regarding tax obligations.

Advantages for the tenant:

• official proof that they occupy the dwelling legally, useful for the bank, school, or when changing tax residence;
• additional protection in case of dispute, including before the courts;
• a contractual framework that is harder to amend abusively (for example, unjustified rent increases).

The Ministry of Finance, through the tax guides dedicated to income from granting the use of goods in 2024, confirms the maintenance of the obligation to declare and register contracts with ANAF, as well as the specific tax treatment of this income.(static.anaf.ro)

The deposit and the handover report

In practice, the deposit requested when renting a dwelling is the equivalent of one or two months’ rent, depending on the city, the rent level, and the property’s features. Real estate platforms and consultants note that a 1–2 month deposit has become standard in major cities, especially where rents have increased rapidly.(zf.ro)

The Civil Code allows the parties to freely establish the amount of the deposit, how it can be used, and the refund period.(legislatie.just.ro) It is essential that these aspects are explicitly included in the contract, in order to avoid situations in which the landlord unjustifiably withholds the deposit or, conversely, the tenant leaves unpaid utility bills or uncovered damage.

Practical recommendations regarding the deposit:

• clearly specify what the deposit covers: overdue rent, penalties, repairs for damage beyond normal wear and tear, utility bills;
• state the refund period after vacating the dwelling (for example, 15–30 days) and the specific conditions (payment of all utilities, inspection of the condition of the property);
• mention the method of refund: cash, bank transfer, offset against the last month’s rent only if both parties agree.

Equally important is the handover report, an annex to the contract, which records the condition of the dwelling and goods: walls, floors, installations, furniture, appliances, utility meters. In its absence, it is difficult to prove whether damage existed beforehand or was caused by the tenant during the rental period.

Essential rights and obligations for tenant and landlord

The regime of rented dwellings is regulated both by the Civil Code and by the Housing Law no. 114/1996 and related acts, which establish the main rights and obligations of the parties.(legislatie.just.ro)

Obligations of the landlord:

• to hand over the dwelling in normal usable condition and to ensure the sanitary-hygienic and safety conditions provided by law;(legislatie.just.ro)
• to carry out major repairs (structural elements, common installations, roof, etc.), as well as repairs that cannot be charged to the tenant;(legislatie.just.ro)
• to respect the tenant’s right of use for the entire duration of the contract, without entering the dwelling without consent or without a legal reason;
• to issue receipts or account statements attesting payment of rent and, as the case may be, the deposit.

Obligations of the tenant:

• to pay the rent on the due dates established in the contract;
• to use the dwelling for the agreed purpose (housing, not office, commercial activity, etc., unless there is written consent from the landlord);(legislatie.just.ro)
• to bear minor expenses and repairs related to the normal use of the dwelling;
• to comply with the condominium’s internal rules and social coexistence norms;
• not to modify or sublet the dwelling without the landlord’s written consent, where required by law or the contract.(legislatie.just.ro)

In case of non-payment of rent or serious breach of obligations, the landlord may request termination of the contract, in compliance with legal procedures and notice periods. On the other hand, the tenant has the right to request a reduction of rent or even termination of the contract if the dwelling becomes unfit for use and the landlord does not intervene to remedy the situation.

How to avoid problems in a rental: checklist for both parties

Most problems in the tenant-landlord relationship arise from the lack of clear clauses, handover documents, or written communication. To limit risks, a minimum set of good practices is useful.

Recommendations for the landlord:

• request identity documents and, ideally, proof of the tenant’s income (without keeping unnecessary copies, in order to comply with GDPR);
• use a contract template updated to the legislation in force and adapted to the specific situation (duration, furnishing, pets, etc.);
• register the contract with ANAF within the deadlines established by tax legislation;
• take a set of photos at handover and at move-out, attached to the handover report;
• establish from the beginning the official communication channels (email, mail, phone) and the method of sending notifications.

Recommendations for the tenant:

• do not accept to live “without papers”; insist on a written contract and tax registration;
• read carefully the clauses on rent increases, deposit, and termination; ask for abusive or unclear clauses to be reworded;
• check for previous utility debts and read the meters at the time of moving in;
• keep all receipts, bank statements, and important correspondence with the landlord;
• notify in writing any technical problem that appears (leaks, installation failures) and allow a reasonable time for remediation.

A fair tenant-landlord relationship is based on the contract, tax transparency, and thorough documentation of the dwelling’s condition. In a rental market on the rise, these are no longer “bureaucratic details” but central elements of protection for both parties.

Sources

• ANAF – Ghid fiscal chirii 2024
• ANAF – Impozitarea veniturilor din cedarea folosinței bunurilor, 2024
• ANAF – Formular C168, înregistrare contracte de locațiune
• Codul civil – dispoziții privind locațiunea și locuința familiei
• Legea locuinței nr. 114/1996
• Ziarul Financiar – Piața chiriilor în 2024, analiza Storia