Romania Residential Lease Law: Comprehensive Overview

The Romanian residential rental market is primarily governed by the Romanian Civil Code (Codul Civil), which came into force on 1 October 2011. Romania is a pro-landlord jurisdiction, largely due to a unique legal mechanic that transforms a registered lease into an "enforceable title" (titlu executoriu).

The "Enforceable Title": ANAF and Legal Power

In Romania, a lease becomes an Enforceable Title (Titlu Executoriu) if it is registered with the fiscal authority (ANAF) or authenticated by a Public Notary. While these are alternative paths to achieving enforceable status, registration with ANAF is mandatory for all landlords within 30 days of signing (OUG 192/2022). The scope of the enforceable title is defined as follows:

1. Rent Payment (Art. 1798 Civil Code): A registered or notarized lease constitutes an enforceable title for the payment of rent at the terms and in the modalities established in the contract. This allows landlords to collect unpaid rent directly via a bailiff.
2. Property Return (Art. 1809 Civil Code): A fixed-term lease that is registered or notarized constitutes an enforceable title for the obligation to return the property, but only upon the expiry of the lease term.

Crucially, if a tenant defaults on rent or commits other breaches during the lease term, eviction is not automatic. Under Art. 1831 of the Civil Code, eviction must be carried out based on a court judgment (Hotărâre Judecătorească) using the special court-supervised procedure outlined in Art. 1034-1049 of the Code of Civil Procedure.

Rent Control and Indexation

Romania is a free-market system regarding rent. There is no rent control limiting initial rent or increases between tenants. However, during a fixed-term lease, rent can only be increased if a specific indexation clause (linking to inflation or the Euro) was included in the original contract.

Security Deposits (Garanție)

Security deposits are standard, usually ranging from 1 to 2 months' rent. High-end rentals often request 3 months. There is no legal requirement to hold this in a separate escrow account or pay interest to the tenant upon return.

Maintenance and Repairs (Reparații)

• Landlords: Responsible for major capital repairs (Capex) and structural integrity (roof, plumbing, heating systems) under Art. 1788 of the Civil Code.
• Tenants: Legally bound to handle all minor, day-to-day maintenance (locative repairs) resulting from standard use (painting, light bulbs, minor plumbing) under Art. 1802.

Winter Eviction Ban

Under Art. 896 of the Code of Civil Procedure, residential evictions cannot be executed between December 1 and March 1. This ban applies unless the landlord proves they have no suitable housing for themselves or their family, or if the tenant is occupying the property without any legal title or abusively.

Required Disclosures and Energy Certificates

A landlord must possess a valid Energy Performance Certificate (Certificat de Performanță Energetică), as required by Law no. 372/2005, and provide a copy to the tenant. Detailed Handover Protocols (Proces-Verbal de Predare-Primire) with photos are essential for protecting deposit claims.