When renting out a property, good tenant relations depend on both parties. Unfortunately, however, we have all heard at least one story in which the relationship is not at all good. What happens when landlords are unfair, do not follow their agreements or even break the law? What are the most common abuses and how can we protect ourselves from them? These are some of the questions that this article aims to answer.
Common problems
- The landlord only requires payment in cash. – an absolute classic for the Bulgarian rental market, with a supposedly clear answer to the question “Why?”. But can this harm you as tenants and is it worth challenging this decision of the landlord? The answer to both questions is “Absolutely YES”. Without a document for payment made, you are a violator of the contractual relationship in court and the owner can unilaterally terminate this relationship with you. The Law on Obligations and Contracts (Art. 228–230 of the Contracts and Obligations Act) obliges the tenant to pay the agreed rent, and The Civil Procedure Code (Art. 154, para. 1) explicitly states that each party must prove the facts on which it bases its claims. If you want to defend your rights – always require a written document when paying in cashWhen the landlord deliberately refuses transparency – this is a signal of income concealment and you better look for another property. True story.
- Refusal to return a deposit after the contract expires. One of the most common "scams", but we can also call it an unintentional mistake, as many landlords confuse depreciation with intentionally caused damage. If the contract does not explicitly state depreciation as a reason for withholding the deposit, then the property owner has no right to not return the deposit based on depreciation.
- Responsibility for home maintenance is an often confusing topic. There are two types of necessary maintenance. One is overhead – minor repairs and maintenance due to depreciation, such as tightening hinges, changing light bulbs, cleaning, etc. The second is basic – eliminating leaks and other malfunctions in the electrical and plumbing installation, repairing and maintaining electrical appliances, heating systems and installations, ventilation and everything related to the functionality and serviceability of the home. Many tenants live in homes that are not in full working order. The landlord has transferred responsibility (both logistical and financial) to them without their consent and they assume that they are obliged to deal with the malfunctions themselves or, if they do not like it, to leave. This is far from true, any attempt to transfer these responsibilities to the tenants is against the law.
- Enteringnot the owner inin the already rented property without warning. Although the property is their property, with the rental agreement they transfer the right of use to the tenant – and any unsolicited entry is contrary to the contract and the law (unless otherwise expressly agreed). Only a coordinated and previously confirmed visit does not violate the rental relationship. Any other intervention can be qualified as arbitrariness (Art. 323 of the Criminal Code) and be considered in court. The same applies to actions such as changing locks, restricting access, or cutting off utilities – they are not permissible even in the event of a conflict between the parties.
These are some of the most common violations by unscrupulous landlords. In the following lines, we will examine the rights of tenants and the obligations of landlords in such situations.
Rights, obligations, legal framework
Many of the headaches listed above can be limited by signing the Rental agreement. It essentially sets the necessary basis for favorable rental relations. For example, the force of the rental agreement and Art. 230, para. 1 LZD explicitly obliges the landlord to deliver the property in a condition fit for the agreed use – i.e. the dwelling must be livable and safe already upon handover. This is an objective obligation - the landlord is liable regardless of fault if the property proves unfit for normal use.
Right to peaceful enjoyment: The law implies that the tenant has the right to use the property peacefully. and without interference. Although the Landlord and Tenant Act does not state it in these exact words, this right follows from the landlord's obligation to ensure possession of the property. A number of sources note that the landlord does not have the right to disturb the tenant unlawfully - for example, to enter the apartment without reason and consent. Arbitrary entry, as we mentioned, is prohibited outside of emergency situations and the landlord must first request the tenant's consent.
Notices and termination of the contract: The law assumes a notice period of 1 month, unless otherwise stated in the contract. If neither party is in breach of the contract, then it cannot be terminated unilaterally and without notice. If the landlord nevertheless unilaterally evicts a tenant before the contract expires without cause, the tenant has right to compensation for damages.
Obligation to return a deposit: After the termination of the contract, the tenant must return the property in the condition in which he received it. In practice, this is often related to the issue of the deposit - if the apartment is returned without damage and with settled accounts, the deposit should be returned in full. Although the law does not explicitly mention the word “deposit”, it is treated as collateral: if there are no damages or debts, the landlord has no legal basis to withhold the amount. As lawyers note, after the tenant has fulfilled all obligations and left the property, the deposit must be refunded.
What should we do in the event of a situation?
Regardless of the specifics, the first step should always be to seek dialogue and mutual understanding. State the problem clearly and in good faith and see if you can reach a consensus together. Many problems are compounded by a lack of communication or misunderstanding. Remind the landlord of what the contract says and what the law requires – sometimes just reminding them that you are aware of your rights will be enough.
If the well-intentioned approach doesn't work, start gathering evidence - it's advisable to have written evidence. If the landlord doesn't fulfill a commitment, send them a written reminder or notarial invitation with a specific request (for example, for a deposit refund or for repairs to damage). Keep copies of all receipts for rent and utilities. If possible, communicate by email or text message instead of just speaking – this way you will have a record of your correspondence. If it comes to court, these documents can be crucial.
You can always seek legal advice. The specialist can help you draft an official notarial summons or warning to the landlord, which can often have a sobering effect. If the case requires it, the lawyer will also prepare a claim for court. According to experts, if the attempt at a voluntary resolution fails, the tenant can seek his rights in court with the help of a lawyer.
Sometimes the safest option is the final one termination of contractual relations. If you decide that the stress and time are not worth it – terminate the contract, but be sure to do so according to the clauses in the contract. Check if there are any for early termination. If the landlord is already in gross violation – consult a lawyer and find out if you have grounds for unilateral termination without notice.
Don't forget - serious tenants who pay on time, take care of the property as if it were their own, and comply with the landlord's reasonable requirements are extremely valuable.
If you are a responsible tenant and yet are the subject of misconduct by your landlord – seek open conversation and peaceful resolution of the conflict. Very often, a timely and frank meeting can save you from clashes with the law and unnecessary intervention by institutions.
If talking doesn't help, don't hesitate to seek legal advice or institutional help. As tenants, you have rights - knowing them is your first defense.
