Request for the landlord's consent to sublet (Romania)

Published byDocMuse

The request in which a tenant in Romania asks the landlord's written consent to sublet the home or part of it: to whom, what exactly and for how long. The document ends with a section in which the landlord gives consent by signing, so the request and the answer stay on the same sheet.

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Common questions

Does subletting in Romania need the landlord's consent?

Yes. For a home, the Civil Code allows subletting or assigning the agreement only with the landlord's written consent (art. 1833); the general rule for leases, which allows subletting unless it has been forbidden, does not apply here. The agreements on this site say the same. Subletting without consent breaks the law and the agreement and can lead to the agreement being terminated.

Who answers to the landlord while the home is sublet?

The original tenant, and the subtenant alongside. Subletting does not change the rental agreement: the tenant still pays the rent to the landlord and answers for the condition of the home, including for what the subtenant does. Unless agreed otherwise, the subtenant is jointly and severally liable with the tenant for the obligations under the rental agreement (art. 1833 of the Civil Code). The sublet ends at the latest when the main agreement does.

Does income from subletting have to be declared?

Yes. A tenant who sublets earns income from letting and has the same duties as a landlord: registering the sublease with ANAF within 30 days on form C168, and declaring the income in the single tax return (declarația unică).