Romanian Flag Committee for Private Property (CPP)

LAW on the protection of tennants.DOC (Valeriu Stoica)


 

LAW ON THE PROTECTION OF TENANTS

 

Article 1. (1) In the case of dwelling-houses returned, according to the law, to the former owners or their successors by final decision of the Court or by decision of the County commission for implementing Law no. 112/1995 on the settling of the legal status of buildings for dwelling taken-over by the State, the former owners must observe the terms of the leasing contracts concluded between the tenants and the economic agents which administered the buildings.

 

(2) The leasing contracts concerning the dwelling houses returned to the former owners or their successors are duly renewed for a period of 5 years beginning the date of coming into effect of the present law - in the case of the dwelling-houses returned before this date - or the date when the decision of the Court became final or when when the County commission’s decision became definitive - in the case of the dwelling-houses returned after the date of coming into effect of the present law.

 

(3) The tennant who had reached the age of 65 before the restitution of the building is entitled to keep the quality of tenant for the rest of his or her life excepting the cases for which provisions are made in Article 3 (3), letters c) – g).

 

(4) The economic agent which administered the building will immediately notify the tennant that, beginning the date of the restitution, he or she owes the rental, as settled according to (nu se pune articolul definit cind te referi la o lege anume, la un articol, paragraf, etc.) Article 14 of the present law, to the owner who regained the building. The economic agent must provide the owner with a copy of the leasing contract and the annexes to it.

 

Article 2. (1) The provisions of Article1 (2) will not apply to:

    1. the tennant who owns in the town of residence a dwelling house meeting the standards set by the Dwelling Law, No 114/1996;
    2. the tennant who refused the use of another dwelling house provided by the former owner or his or her heirs, or by the public authorities;
    3. the tennant who, ill-intentioned, refused to pay the rental to the owner to whom the dwelling had been returned.

 

Article3 (1) At the end of the renting period stipulated in Article 1 (2), the tennant is entitled to a renewal of the contract for the same period of time, unless the parties do not modify the duration of renting through an express agreement.

 

(2) Several succesive renewals are allowed.

 

(3) The owner may refuse the renewal of the leasing contract solely for the following reasons:

    1. the dwelling house is required to meet the owner’s dwelling needs or those of his/her spouse, parents or children of any of those, set according to the law;
    2. the dwelling house is going to be sold, under the provisions of the present law;
    3. the tennant did not pay tthe rental for at least three consecutive months;
    4. the tennant caused severe damage to the dwelling house, the building in which this is located, its pipeline system or goods or unlawfully alienated parts of those;
    5. the tennant’s behaviour makes impossible to live together or impedes on the normal use of the dwelling;
    6. the tennant subleased the dwelling without having the owner’s consent;
    7. the tennant totally or partially changed the purpose or the internal structure of the dwelling without the owner’s consent.

 

(4) The tennant must leave the dwelling within 30 days from the expiry of the contractual period, unless the leasing had been renewed. Until moving from the dwelling house, the tennant must pay the rental.

 

Article 4 (1) If the tennant has an income smaller than the net average wage on the economy (?), the owner may refuse the renewal of the leasing contract for the reasons stipulated in Article 3 (3) a) and b) only if a suitable dwelling place is provided for the tennant according to the Article 5 (1)..

 

(2) The condition in paragraph 1 regarding the tennant’s income will be assessed at the date when the owner notified his intention not to renew the contract.

 

(3) Within the spirit of this law (?),a suitable dwelling place is a dwelling place that satisfies the minimal requirements stipulated in Appendix 1 to the Dwelling Law, No 114/1996, but no more than the surface and the outbuildings of the dwelling which is left(?).

 

Article 5 (1) The local councils shall provide the tennant with a suitable dwelling within one year, provided they have a fund of dwellings for lease, if the owner invoking the reason stipulated in Article 3 (3), letters a) and b) does not possess another suitable dwelling to provide to the tennant.

 

(2) The tennants whose leasing contracts have not been renewed for the reasons stipulated in Article 3 (3) letter a) and b) have priority for granting the facilities provided by the Dwelling Law No 114/1996 for building houses.

 

Article 6 (1) The person stipulated in Article 3 paragraph (3) letter a) must move into the dwelling within 60 days following the moving out of the tennant, and for a period which cannot be shorter than one year, starting the date of the effective move in.

 

(2) The owner is responsible, according to the law, for the prejudice caused to the tennant’s abusive refusal to renew the contract on the basis of Article 3, paragraph (3), letter a).

 

Article 7 (1) If the leasing contract is not renewed for the reason stipulated in Article 3, alignment (3), letter b), the tennant has a preemption right for buying the dwelling house.

(2) The prior notice of the refusal to renew the leasing contract in the term and in accordance with the provisions of Article 11, paragraph (1) equals to the offer for sale and must include the price of sale, under the sanction of absolute nullity. The sale offer is irrevocable until the expiry of the leasing period.

(3) If the tennant notifies the owner of the intention to buy the dwelling provided a loan is obtained for the payment, the leasing contract shall be prolonged for six months. If the sale has not been concluded at the end of this period, the tennant looses his/her preemption right.

 

Article 8 (1) If the dwelling has been sold to a third party under better conditions or price than those provided in the proposal to the tennant, who rejected this proposal, the tennant may substitute in rights to the purchaser, to whom he/she shall pay the purchase price , within 60 days following the notification of the deed of conveyance. (?)

 

(2) When moving from the dwelling, the tennant will notify the owner the address where the deed of conveyance will be notified to him or her, under the sanction of loosing the right to substitute the purchaser in rights.

 

Article 9 (1) The tennant’s right to substitute the purchaser in rights will be exercised according to the provisions of Articles 586-590 of the code of civil procedure concerning the tender of payment followed by consignation. The report concluded with the officer of the court to establish the reception of payment (?)by the third party or the irrevocable decision of the court declaring valid the tender of payment and the consignation substitute the title of property for the former tennant.

 

(2) The tender of payment followed by consignation made by the tennant to substitute the purchaser in rights is irrevocable.

 

Article 10 (1) The provisions of Articles 7 – 9 concerning the tennant’s preemption right and the right to substitute the purchaser in rights also apply if the owner sells the dwelling before the expiry of the leasing period. The purchaser is obliged to comply with the leasing contract concluded, sealed and registered to the local authorities, except when the contract stipulates the termination of lease due to sale .

 

Article 11. (1) The prior notification of the tennant of the refusal to renew the leasing contract, is made by the owner through an officer of the court within the range of which the dwelling is located, at least 60 days before the contract’s expiry date and must point out the reason fkor the refusal.

 

(2) The owner’s prior notification of the tennant of the refusal to renew the leasing contract for the reason stipulated in Article 3 paragraph (3), letter a) must also point out the last name, the first name and the address of the beneficiary of the dwelling, as well as the family link or affinity or the quality of spouse.

(3) If there was no notification or if it is null due to lack of compliance with the provisions of paragraph (1) and (2) the leasing contract shall be rightfully renewed at the expiry of the leasing period, in the same terms and for the same period.

 

Article 12 (1) the tennant is entitled to compensations for the increase in dwelling’s value achieved through improvements made with the owner’s agreement and legal permits.

(2) The tennant has lien over the dwelling untill full payment of the compensations by the owner.

 

(3) In case of dwelling’s alienation, the tennant may claim payment of the compensations by the new owner.

 

(4) The tennants in dwellings returned, according to the law, to the former owners or their heirs, are entitled to compensations under the provisions of paragraph (2) and (3) if they made the improvements with the agreement of the economic agent that administered the dwelling and if adequate documents and records exist.

 

Article 13 (1) The rentals for buildings belonging to the public or private domain of the State or the territorial administrative units (??) will be set through a special law.

 

(2) The rentals for these buildings will be differentiated on categories of localities and areas by the local councils based upon the same criteria used for setting local land taxes and fees but will not exceed 15 percent of the family net monthly income.

 

(3) For the social dwelling houses the maximum rental is the one set by the Dwelling Law, No. 114/1996.

 

Article 14 (1) In the case of the leasing contracts duly extended, according to the provisions of Article 1 of the present law, the rental will be set by agreement between the owners and the tennants, but will not exceed 25 percent of the family net monthly income if it is smaller (?) than the net average wage.

 

Article 15 (1) The tenant must notify the owner immediately ofany change in the net monthly income that may lead to a raise of the rental.

 

Article 16 (1) The leasing contracts concluded in violation of the provisions on maximum rental stipulated in Articles 13 and 14 may be subject of annulment, unless the tennant consented to a rental higher than the maximum level.

 

(2) In the case of the leasing contracts concluded before the date of coming into effect of the present law between the former owners, who were returned,through a court decision, dwellings taken over by the State without title , and the existing tenants, the rental is as set by the parties to the contract.

 

Article 17 (1) In the case of the leasing contracts concluded for a period longer than one year, the owner may request an increase in the amount of rental unless the parties have agreed, by contract, not to increase the amount of rental.

 

(2) The request to increase the amount of rental must be adressed to the tenant in writing and must be motivated through changes or modernizations of the dwelling or building or through an increase in the family net monthly income over the net average wage.

 

(3) If the tennant does not agree to the request to increase the amount of rental within 60 days after it has been submmited, the owner may take legal action for an increase of rental. The annulment of the contract or the eviction of the tenant for not agreeing with the increase in rental are forbidden.

 

(4) If the tenant was coerced by definitive court decision to pay an increased rental, the owner may ask for contract annulment if the tenant has not paid the rental for at least three consecutive months, starting the month following the date the court decision (?) became final.

 

Article 18 (1) The parties may settle for a contractual clause concerning an annual reassessment of the rental, corresponding to the fluctuations of the .....................(preţ de consum) growth index, as computed by the National Commision for Statistics.

 

(2) The provisions of Article 17, alignment 2) – 4) shall be applied in an suitable manner.

 

Article 19 (1) The provisions of the present law also apply in a suitable manner to legal person tenants whose main field of activity is to defend human rights, develop humanitarian actions, carry out services of public interest in health, culture and education or to diplomatic and consular offices of foreign states in Romania, their contracts being duly extended for a period of one year.