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Procedures and contracts

RENTAL CONTRACT IN BULGARIA

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Rental contract in Bulgaria. Real estate attorney in Plovdiv.

 



Legal framework - Articles 228-239 of the Bulgarian Law on Obligations and Contracts.

Definition: according to the legal definition, the rental contract obliges the landlord to provide the tenant with an item for temporary use and the tenant to pay the landlord a certain price.

Characteristics:


- Bilateral (both parties have obligations under it);
- with pecuniary interest (the use is granted against payment of a price);
- contractual (no translative effect);
- with periodic performance;
- consensual - deemed to have been concluded by agreement between the parties;

Subject matter of the lease contract: any individually defined property (movable/non-movable, including agricultural land, land plots (built-up, unbuilt-up), and also a part of a property, office, warehouse, computers, motor vehicle without provision of services for its management (rent-a-car), which is leased for temporary and remunerative use (against payment of a price).

Owner's rights and obligations:
- to hand over the property to the hirer in a condition which corresponds to the use for which it is hired;
Note! If the property is not handed over in proper condition, i.e. the property has defects, the tenant has the following options for action: to demand that the landlord repair it or to repair it at the landlord's expense; to demand a proportionate reduction in the rental price; to cancel the contract. In each of these cases, the tenant is also entitled to compensation for the damage suffered.
- to provide the tenant with all necessary accessories to the property, including documents (if necessary);
- to provide the tenant with undisturbed use of the property;

Renter's rights and obligations:
- to use the property in accordance with the agreed use, if there is no such use - the usual use;
- to pay the agreed rent, as well as consumable expenses, according to the terms and conditions of the contract (usually in monthly instalments). A security deposit is usually provided for (as security for any claims by the landlord for damages for breach of contract);
- to pay for minor repairs necessitated by the ordinary use of the property;
- to notify the landlord immediately of any damage or damage to the rented property;
- return the property after termination of the contract;


Features:

Maximum term of the contract - 10 years. If it is a commercial transaction it may be for more than 10 years;
Subletting - allowed if not expressly excluded by a special clause in the lease;

Transfer of the leased real estate - There are three options:
1. If the lease is registered in the Land Registry, it remains in force for the new owner for as long as it was concluded.
2. If the lease is not registered but has a reliable date (e.g., notarized), it is valid for the new owner for the term provided for in the lease (if less than one year), but for no more than one year.
3. If the agreement is neither registered nor has a reliable date, but the tenant is in possession of the property, the agreement remains in force for the new owner as a tenancy without a fixed term, which means that it can be terminated with a minimum of one month's notice. Here, a unilateral notice to the other party without notice is sufficient.

Termination:
- By expiry of the agreed term:
Note! If, after the expiry of the rental period, the use of the property continues with the knowledge and without opposition of the landlord, the contract is deemed to have been extended indefinitely. If the tenant continues the use despite the landlord's opposition, the tenant shall be liable for damages and shall remain subject to all obligations of a tenant arising from the terminated lease.
- by mutual consent;
- by notice;
Note! Fixed-term leases may only be terminated by notice if expressly agreed in the lease. For open-ended contracts, the principle is one month's notice. The tenancy is terminated when the written notice reaches the addressee.
- In law, with the destruction of the property.


The drafting of a rental contract can be obtained immediately as a service by enquiring by email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Rental contract price -160lv.

 

 

 

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