Required Disclosures for Rentals in Lithuania

Pursuant to the Civil Code of the Republic of Lithuania (Book Six, Chapter XXVIII), landlords are required to act in good faith and disclose material information regarding a rental property before finalizing a lease agreement. Under Article 6.485, failure to provide required disclosures allows a tenant to demand a rent reduction, repair, or termination (dissolution) of the lease.

Mandatory Disclosures

While Lithuania does not have a long, statutory checklist of specific, named forms like some US states, the overarching legal principle requires landlords to disclose defects and relevant administrative details.

1. Existing Property Defects

Under Article 6.483(4) of the Civil Code, the landlord is legally obligated to inform the tenant of all defects of the property which are of importance for its use for the purpose it is leased.

• Strict Liability: According to Article 6.485(1), the lessor is liable for defects that wholly or partially obstruct the use of the property, even if the lessor was not aware of those defects at the time of concluding the contract.
• Tenant Remedies: If such defects exist, the tenant may demand immediate repair, a proportional rent reduction, deduction of repair costs from the rent, or termination (dissolution) of the lease.
• Exceptions: Under Article 6.485(5), the lessor is not liable for defects specified in the contract or which should have been known to the lessee at the time of conclusion (e.g., obvious defects visible during inspection).

2. The Handover Protocol (Condition Report)

Although functioning as an inventory list, the Handover Protocol (Act of Transfer and Acceptance) serves as a formal, mutual disclosure of the property's state at the beginning of the lease.

• It should explicitly list all existing damages, scratches, broken appliances, and meter readings.
• Disclosing all imperfections upfront protects the landlord from being accused of providing a substandard property and protects the tenant from unwarranted security deposit deductions.

3. Legal Encumbrances and Ownership

Under Article 6.494(1), the landlord must inform the lessee of all rights of third parties to the property (e.g., mortgages, servitudes, or other encumbrances).

• Subletting: Pursuant to Article 6.610, the lessee of residential premises has the right to sublease only with the written consent of the lessor AND all adult members of the lessee's family living with them.
• Enforceability Against Third Parties: Under Article 6.579(4), a contract of lease of residential premises may be invoked against third persons (such as a new buyer) only if it is registered in the public register (Registrų centras).
• Pending Sales: The landlord should disclose in good faith if the property is actively being sold.

4. Energy Performance Certificate (EPC)

Under the Law on Construction (Statybos įstatymas) Article 51(2), when renting buildings or their parts (apartments), the owner must provide the tenant with a valid Energy Performance Certificate (pastato energinio naudingumo sertifikatas) or a copy thereof. This certificate rates the building's energy efficiency and is typically valid for 10 years.

5. Utility Arrangements and Common Charges

Before the contract is signed, the landlord must clearly disclose the structure of utility payments and common building fees (komunaliniai mokesčiai):

• Which utilities the tenant pays vs. which the landlord covers.
• Average costs in winter vs. summer.
• Homeowners' association (bendrija) fees.

Lease Registration Disclosure

It is highly beneficial—and protects both parties against third-party claims—if the lease is registered with the Real Estate Registry (Registrų centras). Disclosing the intent or agreement regarding who will handle the registration process and fees should be clarified during lease negotiations to ensure the lease is enforceable against future owners under Article 6.579(4).

Getting Started with Compliance

Ensure all property defects are documented and utility arrangements are clearly defined in your leasing documents. Landager provides a secure platform to organize and store these needed disclosures, lease agreements, and Handover Protocols for quick reference.

How Landager Helps

Landager automates your Centre of Registers filing deadlines, tracks CPI-based rent escalations, and ensures your residential property meets all Lithuanian Civil Code requirements.

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