Renting a flat without a contract? Risks for landlords and tenants in Moldova

Renting without a contract: five risks that start before the first dispute

An oral arrangement feels easy until the first disputed payment. Moldova's Civil Code requires a written lease for immovable property.

• Tenants have less proof of the term, deposit and items received.
• Landlords have less proof of rent, utilities and the initial condition.
• Chats and transfers do not replace an agreement and handover record.
• An undefined deposit becomes a dispute.
• The landlord may have tax obligations.

A written agreement is the rule, not needless paperwork

A lease of immovable property must be in writing. A term exceeding three years must be entered in the Real Estate Register or cannot be asserted against third parties. Civil Code, arts. 875–876

What a tenant finds harder to prove without a contract

Record the deposit, condition, utilities and move-out arrangements. Make photos and a handover record with furniture, appliances, keys and meter readings. For cash, ask for a receipt; for a transfer, state the rental month and address.

What the landlord risks

Ownership does not prove the living terms. Without a contract, it is harder to establish a debt, inventory, no-subletting term or a basis for retaining the deposit. Preserve messages, calculations and photos; do not resolve a dispute by changing locks or removing possessions.

For a resident individual in the State Tax Service regime, registration is within seven days and tax is 7% of monthly contract value, payable by the 25th. State Tax Service

Four terms for a deposit, utilities and repairs

State the MDL amount and payment date; the deposit purpose and return; utilities and repairs; and handover and return through two records. Decide separately on pets, smoking, guests, residence registration and subletting.

Tax and registration: what an individual landlord should check

Do not confuse Real Estate Register notation with tax registration. ASP The State Tax Service lists registration at its office, through e-Cerere, registered post or official email. State Tax Service

If you already rent without a contract

Sign from today without inventing the past. The minimum package is two signed copies, a handover record, photos and deposit confirmation. Seek a legal review where there are co-owners, debt, damage, subletting, a foreign tenant or a dispute.

Read also: Legal checks before buying an apartment and Debt recovery in Moldova.