Tenants' rights in 2026 - how can a lawyer help you?

When it comes to renting a property, it is essential to be aware of the rights you hold as a tenant. A clear and thorough understanding of those rights can protect your interests and ensure that you enjoy a safe and comfortable living environment. In this article, we set out to familiarise you with a number of important aspects of tenants' rights, so as to help you make informed decisions and exercise your rights properly.

Whether you are looking for your first rented home or have rented before, knowing your rights as a tenant can give you confidence and leverage in your dealings with the landlord. It is important to be well prepared and well informed, so as to avoid misunderstandings and to ensure that you are treated fairly throughout the tenancy.

Tenant's rights under a lease

A lease is the foundation of the relationship between you and the owner of the property and sets out a clear framework of the obligations and rights of each party involved. Under that lease, you have the right to live in the property, enjoying the comfort and privacy of a temporary home. You also have the right to use the common areas, where applicable, and to access essential utilities such as electricity, water and heating. Here are some of those rights:

Use of the dwelling: Tenant has the right to use the rented dwelling for residential purposes, in accordance with the use agreed in the lease. The landlord may not interfere unjustifiably with the use of the property and may not enter the dwelling without permission, save in the cases provided for by law or by the lease.

Repairs and maintenance: The landlord is responsible for ensuring that the rented dwelling remains fit to live in, including for carrying out major repairs. The tenant must notify the landlord of any fault or problem affecting the dwelling and allow the landlord access in order to carry out the necessary repairs.

Respect for private life: The landlord must respect the tenant's privacy and must not enter the dwelling without permission, except in emergencies or where the lease provides otherwise.

The security deposit: The landlord may require a security deposit, which must be returned to the tenant at the end of the tenancy, after deduction of any outstanding sums or damage caused by the tenant.

Termination of the lease: Both the tenant and the landlord are entitled to terminate the lease in accordance with the applicable statutory or contractual provisions. As a rule, a certain period of notice must be observed when giving notice of termination.

Protection against unlawful eviction: The tenant is entitled to protection against abusive or unlawful eviction. The landlord must follow the statutory procedures in order to seek eviction and may not resort to coercive measures or to cutting off utilities in order to force the tenant to leave.

Rights and obligations of a tenant without a lease

It should be stressed that a written lease is strongly recommended and should always be concluded between the tenant and the owner of the property. A written lease provides security and clarity for both parties, giving them clearly defined rights and obligations. Nevertheless, in the absence of a written lease, there are certain rights and protections, as well as obligations, that a tenant may have under local law or under the specific rules applicable in the relevant jurisdiction.

It is worth noting that these rights and obligations are moral in nature, so that, without the legal support of a lease, abuses may arise on both sides!

Rights

The right to quiet enjoyment of the dwelling: the tenant is entitled to use the rented dwelling for residential purposes and to enjoy peace and privacy. The landlord may not enter the dwelling without the tenant's consent, except in emergencies.

The right to essential repairs: the landlord is under a duty to keep the dwelling in a safe and healthy condition, even in the absence of a written lease. Where there are major faults or problems affecting the normal use of the dwelling, the tenant should notify the landlord and request that they be remedied.

Protection against unlawful eviction: in many jurisdictions, a tenant may benefit from protection against unlawful eviction even without a written lease. The landlord may not evict the tenant arbitrarily or resort to coercive measures. In such situations, the tenant should look into the local law and seek legal assistance if necessary.

Obligations

Payment of rent: the tenant is under a duty to pay the rent on the dates and in the amounts agreed with the landlord. The rent must be paid on time and in accordance with the oral agreement or tacit understanding between the parties.

Proper use of the property: the tenant is responsible for using the rented property reasonably and in accordance with its agreed use, without causing significant damage or disturbing the neighbours or the landlord. The rules of good neighbourliness and the rules of the community must be observed.

Compliance with legal rules and restrictions: the tenant must comply with the applicable local laws and regulations, as well as with any specific rules laid down by the landlord regarding the use of the property.

Reporting problems: the tenant should notify the landlord of any major problems or faults identified in the rented property.

As a general rule, a written lease agreement affords greater protection and clearly sets out the rights and obligations of both parties. We always recommend concluding a written agreement before renting a property, in order to avoid misunderstandings and to protect your interests.

The rights of a corporate tenant

Since the properties leased by corporate tenants are frequently commercial premises, we shall discuss tenants' rights in relation to this type of property.

Tenants leasing commercial premises enjoy specific rights, which are defined by law and may, as a rule, also be established by means of a commercial lease agreement. Here are some of the key legal rights of tenants in the context of leasing commercial premises:

Use of and access to the leased premises: Tenants are entitled to use the commercial premises for the purpose specified in the lease agreement. The landlord may not interfere with the use of the leased premises without the tenant's consent and may not block or restrict the tenant's access to the property.

Marketing and visibility rights: Depending on what has been agreed in the lease, the tenant may be entitled to display its logo, name or other identifying features on the leased premises in order to promote its business.

Repairs and maintenance: Responsibility for repairs and maintenance may vary according to the terms of the commercial lease. As a rule, the landlord is responsible for major repairs, while the tenant is responsible for keeping the leased premises in proper condition and for carrying out minor repairs.

Right to information and documents: Tenants are entitled to request relevant information and documents relating to the leased property, such as tax documents, permits or certifications required for the commercial activity carried out.

Right to terminate and to extend the agreement: Both the tenant and the landlord may be entitled to terminate or extend the commercial lease, in accordance with the terms of the agreement and with local law. In some cases, the tenant may benefit from automatic renewal of the agreement or from the right to negotiate the lease terms upon its expiry.

Protection against wrongful eviction: Tenants are protected against wrongful or unlawful eviction where the landlord wishes to bring the tenancy to an end. As a rule, the landlord must follow the statutory procedures and obtain an eviction order from the court in order to carry out a lawful eviction.

The tenant's obligations

As a tenant, whatever the type of property you are renting (residential or commercial), there are certain general obligations you must meet. These obligations may vary according to the terms of the lease and local law, but here are some of the most common tenant obligations:

Payment of rent: The tenant's principal obligation is to pay the rent by the deadline set out in the lease. Rent must be paid on time and in accordance with the contractual terms. It is important to be clear about the method of payment, the amount and the payment frequency set out in the agreement.

Proper use of the property: Tenants are obliged to use the leased property in accordance with the purpose set out in the agreement and with applicable laws and regulations. The property must be used reasonably and without causing damage or nuisance to the landlord or to other tenants.

Maintenance and minor repairs: Tenants are responsible for keeping the property in a proper state of cleanliness and for carrying out minor repairs. This may include regular cleaning, replacing burnt-out light bulbs, minor repairs to faults and keeping the garden or yard in a tidy condition.

Notification of faults and defects: Tenants are obliged to notify the landlord or managing agent as soon as they notice any significant faults or problems with the property. This may include water leaks, plumbing faults, problems with heating or cooling systems and so on. Prompt notification can help resolve problems at an early stage and avoid more serious damage.

Compliance with rules and regulations: Where the property is located in a residential complex or in a building with several tenants, the tenant is obliged to comply with the rules and regulations imposed by the owners' association or by the landlord. This may include rules on noise, parking, pets, use of common areas and so on.

Returning the property in good condition: At the end of the tenancy, the tenant is obliged to return the property in a good state of repair and cleanliness, in accordance with the agreed standards and free of significant damage, fair wear and tear excepted. This may include general cleaning, repairing any minor damage and removing all personal belongings.

The landlord's rights and obligations

The owner of a leased property has both rights and obligations in its relationship with the tenant. These rights and obligations are defined by local law and may also be established by means of the lease agreement. Here are some of the most common rights and obligations of the landlord:

The landlord's rights:

The right to payment of rent: the landlord is entitled to receive payment of the rent by the deadline and in the amount set out in the lease agreement.

The right to select the tenant: the landlord is entitled to choose the tenant for the property being leased, on criteria that are reasonably established and in accordance with anti-discrimination legislation.

The right to receive compensation for damage: Where the tenant causes significant material damage to the leased property, the landlord is entitled to claim compensation for the repair or replacement of the damaged goods.

The right to access the property: The landlord is entitled to access the leased property in certain situations, such as carrying out major repairs or inspecting the condition of the property. As a rule, however, the landlord must give the tenant prior notice and observe the tenant's right to privacy.

The landlord's obligations:

Delivering the property in good condition: The landlord is under an obligation to deliver the property to the tenant in a good state of use and to ensure that all the necessary amenities and utilities are in working order.

Maintaining the property: The landlord is under an obligation to keep the property in a proper condition and to carry out the major repairs required. This may include repairs to the plumbing, the heating or cooling system, the roof, etc.

Respecting the tenant's privacy: The landlord is under an obligation to respect the tenant's privacy and not to interfere with the use of the leased property, save in the situations permitted by law or provided for in the contract.

Complying with rules and regulations: If the property is located in a residential complex or in a building with several tenants, the landlord is under an obligation to comply with the rules and regulations imposed by the owners' association or by the owner of the complex.

Frequently asked questions:

What are the tenant's obligations towards the neighbours?

The tenant is under an obligation to respect the peace and the rules of communal living, avoiding excessive noise or inappropriate behaviour that might disturb the neighbours. The tenant is also responsible for keeping the dwelling clean and tidy, making sure that the premises do not affect the well-being or comfort of those around.

Another important aspect is the proper handling of waste, in compliance with local rules on collection and disposal. The tenant should be aware of these obligations and observe them, so as to contribute to a pleasant and harmonious living environment for the whole community.

Is the landlord allowed to enter the leased dwelling?

The landlord is not entitled to enter the leased dwelling without the tenant's consent. The rights and obligations concerning the landlord's access to the leased dwelling are laid down by law and, as a rule, the landlord must respect the tenant's privacy. The tenant is entitled to peace and to respect for private life in the leased dwelling.

Can the tenant be evicted from the dwelling simply because the landlord so wishes?

A tenant who complies with all the obligations set out in the lease agreement and pays the rent on time cannot be evicted without a sound legal ground.

If you need advice and assistance in concluding or managing a lease agreement, we recommend that you turn to the professional services of “Buju, Stanciu & Associates”. Our team of lawyers specialising in tenancy law can provide you with reliable legal advice and support in protecting your rights and interests. Contact us today to arrange a consultation and to benefit from our expertise in resolving tenancy-related matters.

How can a lawyer help you in cases concerning tenants' rights?

When you are faced with problems or disputes as a tenant, instructing a lawyer specialising in tenants' rights can be essential to protecting your interests.

These professionals have expertise in housing legislation and understand the complexity of the relationship between tenants and landlords. A qualified lawyer can advise you on your legal rights, including on the conclusion and interpretation of lease agreements, the obligations and rights of the parties involved, and the legal procedures applicable in the event of a dispute or eviction.

They can also effectively represent your interests before the courts or in negotiations with the landlord, ensuring that your rights are properly defended in accordance with the law. Instructing a lawyer specialising in tenants' rights can therefore be a crucial step in protecting and asserting your position in difficult housing-related situations.

Conclusions

The tenant's rights and obligations when leasing a property, particularly in the case of commercial premises, are extremely important in ensuring a fair and transparent relationship between landlord and tenant. Knowing and understanding these legal rights and obligations is fundamental in order to avoid disputes and to protect the interests of both parties.

Should any uncertainties, disputes or delicate situations arise in the tenancy relationship, we recommend that you seek the advice and assistance of a lawyer specialising in real-estate law. A lawyer can help you understand your rights and obligations in detail, defend your interests and provide you with effective legal solutions.