Moldova Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Moldova's landlord and tenant laws are judged by the Global Property Guide to be Pro-Landlord between landlord and tenant. Moldovan rental law is somewhat balanced on paper, but in practice, it tends to lean pro-landlord, particularly in the private residential rental market.

Rents: Can landlord and tenant freely agree rents in Moldova?

Yes, in Moldova, the landlord and tenant are generally free to agree upon the amount of rent by mutual consent. There are no legal rent control mechanisms or state-imposed limits on rental prices for privately owned real estate, unless otherwise stipulated by special regulations (which may apply in certain public housing or subsidized rental schemes, if any).

Deposits

The law does not regulate the deposit amount. Any deposit must be clearly stated in the lease contract.

What rights do landlords and tenants have in Moldova, especially as to duration of contract, and eviction?

Generally, the landlord may terminate a lease without providing a reason upon the expiration of the lease term.

In the case of a lease concluded for an indefinite period, either party has the right to terminate the agreement by giving a three-month prior notice.

Additionally, Moldovan law recognizes other circumstances that may result in the termination of a lease independent of the parties' will. These include the destruction of the leased property, its expropriation, or other situations expressly provided by law or stipulated in the lease agreement.

A lease agreement concerning real estate with a term exceeding three years is subject to mandatory registration in the Real Estate Register. Failure to comply with this requirement does not affect the validity of the contract between the parties; however, it does impact its enforceability against third parties.

In addition to this, tax legislation imposes a separate registration requirement. Specifically, the lease agreement must be registered with the State Tax Service within three days from the date of its conclusion. This obligation serves a fiscal purpose, as the landlord is required to pay a monthly tax amounting to 7% of the contractual value.

How effective is the Moldovan legal system?

There are no special tribunals for resolving landlord-tenant disputes. On average, such disputes are settled in six months.

Legislation

The Law "On rent № 861-XII of January 14, 1992 ("Monitorul Oficial" 1992, № 1) and Civil Code of 2003, specifically Book III, which deals with Obligations.

Brief History: Recent changes in Moldovan landlord and tenant law

Moldova's independence in 1991 saw the passage of new laws (promulgated in 1992) which defined landlord and tenant relations in Moldova: the Law on Lease, which applies to agricultural land and property, and the Law on Rent, which applies to all real estate except agricultural land and property. The Civil Code of 2003 also regulates contracts, including lease contracts. However, legislation on landlord and tenant relations in Moldova is considerably weakened by the conflicting rules in the recent Civil Code and the Law on Lease. Some of their major conflicts cover registration of lease agreements, classification of non-agricultural leases, and the length of lease contracts.

Even if the Civil Code takes precedence over the Law on Rent, the contradictions between the two laws create confusion, especially in litigation.

There has been no talk of updating the Law on Rent.