October 16, 2023Ensuring fair and secure housing is a fundamental aspect of modern society, and tenant rights play a crucial role in safeguarding the rights and well-being of individuals across the European Union (EU). Whether you are a long-term resident, a student, or an expatriate, understanding your rights as a tenant is essential for maintaining a stable living environment. In this comprehensive guide, we will explore the key tenant rights and protections afforded to individuals renting properties in Sofia, Bulgaria.
From contractual agreements to maintenance responsibilities and dispute resolution mechanisms, this post aims to empower tenants with the knowledge they need to assert their rights and navigate the rental landscape with confidence.
Let’s dive into the essential aspects of tenant rights in the EU and ensure that every tenant is equipped with the necessary information for a fair and equitable housing experience.
What rights do you have as a tenant of an apartment?
As a tenant of an apartment in the European Union (EU), you are entitled to a range of rights that aim to protect your interests and ensure a safe and secure living environment.
The relationship between the landlord and you is governed by a Lease Agreement, which should be notarized. All the rights and obligations of both parties are entered there.
You can read what you have to consider when you live in someone else’s apartment on a rental basis in the following lines. Here are some key rights commonly afforded to tenants in the EU.
Basic rights tenant rights
Your basic rights as a tenant are related to the right to quiet residence, the right to use the property, and the right to demand repairs from the landlord in case of serious damage.
The Law governs the relationship between the lessor and you on Obligations and Contracts (ZZD). This normative act gives wide freedom of agreements between the two parties, the only requirement being that they do not contradict good manners, or morality and do not violate the law.
Below are two more specific rights covered by this section:
- Right to Live in a Safe and Habitable Property: Your landlord is responsible for maintaining the rented property in a safe and habitable condition. This includes ensuring proper sanitation, functioning utilities, and necessary repairs to keep the property in good condition.
- Right to Privacy: You have the right to enjoy your rented apartment without unnecessary intrusion from the landlord. Your landlord should provide advance notice before entering your apartment, except in cases of emergency.
Right to peaceful enjoyment of the provided property
The landlord is obligated to ensure your peaceful enjoyment of the property and protect you from interference by third parties. This means that the landlord does not have the right to carry out major repairs on the dwelling or property that would disrupt your peaceful living in it unless they inform you first and have your written consent. They also have an obligation to protect you if your neighbors cause inconvenience.
Right to request coverage for significant repair activities
The costs of repairs and maintenance are another essential issue in the relationship between the landlord and you. According to the Law on Obligations and Contracts, major repairs are the responsibility of the owner. Minor repairs, such as replacing broken locks, painting stained walls, and similar tasks, are done at the expense of the tenant.
Serious damages that affect the structure of the building, such as roof repairs or replacement of water or sewage systems, are the responsibility of the landlord. It is advisable for this to be specified in the lease agreement to avoid misunderstandings in case of repair-related issues.
If during your occupancy of the apartment, you damage the structure of the building, break furniture, or any part of the provided appliances, you are responsible for covering the expenses for repairing the damages.
In the event that you discover defects in the rented property but still decide to occupy it, you do not have the right to hold the owner responsible at a later stage. This often includes visible leaks or cracked walls.
As a tenant, you have the right to modify the interior of the dwelling, but only with the consent of the landlord.
Right to terminate the agreement
The lease agreement is entered into for a specific period of time. If not otherwise specified, it is considered to be extended for an indefinite period after the expiration of the initially agreed period stated in the document. As a tenant, you have the right to terminate the agreement. However, you must comply with the requirement of providing one month’s notice. If you wish to vacate the rented property immediately, you will owe compensation equal to one month’s rent.
You have the right to terminate the agreement without notice if the landlord fails to fulfill their obligations under the contract.
Right to Compensation for Early Termination of Rental Agreement:
As a tenant, you have the right to seek compensation from your landlord if they terminate the rental agreement before its scheduled expiration date. This right serves as a form of protection for tenants who may face unexpected eviction or disruption of their living arrangements.
If your landlord decides to end the rental agreement prematurely, you may be entitled to financial compensation. The compensation aims to cover any losses or inconveniences you may experience due to the sudden termination, such as having to find alternative housing on short notice or incurring additional moving costs.
To assert your right to compensation, it is advisable to review the terms outlined in your rental agreement. Look for any clauses that address early termination and the associated compensation provisions. Consult local tenant laws and regulations specific to your jurisdiction to understand the legal requirements and remedies available to you. In case your landlord terminates the agreement prematurely and fails to provide the agreed-upon compensation, you may need to take legal action to enforce your rights.
Right to a fair process
If your rights are violated by your landlord, you can seek legal accountability by filing a lawsuit. For this purpose, you must have a contract with the landlord. It is not mandatory for it to be notarized, but it should have clearly defined clauses and be signed by both parties.
Right to a Written Rental Agreement
You have the right to a written rental agreement that clearly outlines the terms and conditions of your tenancy, including the rent amount, duration of the lease, and any specific rights and responsibilities of both parties.
Right to Protection Against Unfair Rent Increases
In many EU countries, there are regulations in place to protect tenants from excessive or unfair rent increases. These regulations may include limitations on the frequency or percentage of rent hikes.
Protection Against Discrimination
It is illegal for landlords to discriminate against tenants based on factors such as race, gender, religion, disability, or nationality. You have the right to be treated fairly and equally in the rental process.
Right to Deposits and Rent Receipts
You have the right to receive a receipt for rent payments and, in some cases, your landlord may require a security deposit. Your deposit should be returned to you promptly at the end of the tenancy, minus any legitimate deductions.
Right to Dispute Resolution
If you encounter issues or disputes with your landlord, you have the right to seek resolution through appropriate channels, such as mediation or legal proceedings, depending on the laws of your specific country.
What to do if your renter’s rights have been violated?
If your renter’s rights have been violated in Sofia, Bulgaria, there are several steps you can take to address the situation.
- Communication: Start by discussing the issue with your landlord and clearly express your concerns. Seek a resolution through open and constructive dialogue.
- Legal Advice: If communication fails to resolve the problem, consult with a legal professional specializing in tenant rights. They can provide guidance on the specific laws and regulations in Sofia regarding rental properties.
- Document the Violations: Keep a record of any evidence that supports your claim of rights violation, such as photographs, emails, or messages. These documents can be important in legal proceedings.
- Reporting to Authorities: In severe cases or when negotiations fail, you may consider reporting the violations to the relevant local authorities responsible for housing and tenant rights enforcement.
- Seek Mediation or Arbitration: Explore alternative dispute resolution methods, such as mediation or arbitration, which can help facilitate a resolution without going to court.
- Legal Action: As a last resort, you may need to initiate legal action against your landlord. Your legal advisor can guide you through the necessary steps and represent your interests in court if needed.
Remember, the specific steps and legal remedies available to you may vary depending on your rental agreement. Seeking legal advice tailored to your situation is crucial to understand your rights and options fully.
If you are renting an apartment through DOT.WON Real Estate, you can benefit from a consultation with our partner legal professionals. Even before signing the contract, you can receive advice on what to include in the agreement, what to be cautious about, and how to assert your rights in case they are violated by your landlord.
