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.

Need to formalize a rental or resolve a dispute?

We review the agreement, deposit, utilities and handover evidence, then identify which terms should be documented for your situation.

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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

Practical review before handover. Prepare an acceptance record together with the agreement: address, handover date and time, keys, furniture and appliances, visible defects, meter readings and photographs. State who pays each utility, when invoices are shared and how payment is proved. Treat the security deposit separately from the final month's rent by defining its purpose, permissible deductions, the reconciliation period after return and evidence of damage. A clause saying that it is refunded “if everything is fine” almost guarantees disagreement.

If an oral tenancy already exists, do not manufacture a backdated contract. Collect bank transfers, messages, photographs, invoices and evidence of key handover, then document the terms prospectively. If rent is unpaid or damage occurs, changing locks, disconnecting services or retaining personal belongings is not a universal remedy. Preserve evidence, send a clear calculation and identify the lawful termination route for the actual facts. Where there are co-owners, an agent, subletting, a foreign tenant or business activity in the home, check authority and permitted use separately.

When extending the term or changing rent, sign a short amendment and record meter readings again. Before move-out, agree the inspection date, key return and bank details for the deposit refund. The final record should distinguish ordinary wear, damage and unpaid charges and should state each party’s position if no agreement is reached.

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.