A rental agreement is concluded when the landlord provides the tenant with a thing or immovable property for temporary use, against payment. A lease is one of the most common contracts, and Legal Frame can assist you in entering into one. The most common variations of this contract is when renting real estate, a car, or other property.

Real Estate Lease Agreement

The most common in practice is a lease of real estate. It is concluded in written form – no notarial certification is required. The practice allows it to be valid even when concluded in oral form.

Before proceeding to sign the contract, it is a good idea to consult an attorney who will pay attention to all the details regarding this type of contract.

For example: when handing over the property, it is important to draw up an acceptance protocol. It shall describe all movable property in the property and its condition at the date of transfer of possession.

If you enter into a lease agreement for a period longer than one year, it should be entered in the Property Register at the Registry Agency. The maximum period for which a lease can be concluded is 10 years.

When signing a lease, it is common practice to pay a deposit in the form of an instalment. It is intended to cover damages caused by the tenant. When no damage is caused, the landlord returns the deposit to the tenant at the end of the contract.

Another point to watch out for when signing a real estate lease is the need for liquidated damages and clearly regulating how the rent will be paid.

In any lease agreement, you should also provide for a method of termination. Most often this is by expiry of the term, but you can also provide for termination by notice or in the event of default.

Rental contract case

Lease agreement cases can be brought in different hypotheses. For example, in case of refusal to return the deposit paid. In this case, a civil case is filed to establish damages and their existence.

A lawsuit may also be filed claiming penalties for delay or default under a lease agreement. It often happens that the tenant does not pay the utility bills (electricity, water, heating, internet). Here, the landlord should bring a lawsuit to establish the actual amount owed. If the lease is terminated and the tenant continues to use the property, the tenant owes compensation.

In any event, the prevailing party may claim interest and its attorney’s fees.

If you are about to sign a lease agreement and need a consultation or drafting, you can contact a real estate attorney from Legal Frame.