Inscriere in cartea funciara a unui contract inchiriere

Notarea în cartea funciară a unui contract de închiriere

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Este obligatorie notarea in Cartea Funciară a unui contract de închiriere?

Nu! Nu este obligatorie notarea în Cartea Funciară a unui contract de închiriere.
În acest sens, art. 902 alin.(2) din Codul civil, enumeră cazurile care sunt supuse notării în Cartea Funciară.
Importanța notării în cartea funciară a unui contract de închiriere apare ca o măsură de protecție pentru chiriași, dacă proprietarul se decide să vândă și contractul de închiriere este în vigoare, noul cumpărător trebuie să știe că va achiziționa un imobil cu chiriași și va fi obligat să îl lase să stea până la expirarea termenului prevăzut de art.1812 Cod civil[i], raportat la art.1824[ii] si art.1825[iii] Cod civil, respectiv 120 de zile (dacă durata contractului de închiriere este de o luna sau mai mare)/30 de zile (dacă durata contractului de închiriere este mai mic de o luna) sau 120 de zile daca contractul de închiriere a fost încheiat pe o perioadă nedeterminată).

Dacă aveți enevoie de un model pentru un contract de închiriere puteti găsi AICI.
Dacă aveți enevoie de un model de notificare pentru incetarea unui contract de inchiriere, puteți gasi unul AICI.

[i] (1) Dacă părţile convin astfel, locaţiunea încetează în cazul înstrăinării bunului dat în locațiune.
(2) Cu toate acestea, locațiunea rămâne opozabilă dobânditorului chiar și după ce locatarului i s-a notificat înstrăinarea, pentru un termen de două ori mai mare decât cel care s-ar fi aplicat notificării denunțării contractului, conform prevederilor art. 1.816 alin. (2).
(3) Locatarul căruia i s-a comunicat încetarea contractului cu respectarea prevederilor alin. (2) nu are drept la despăgubire nici împotriva locatorului, nici împotriva dobânditorului.

[ii] (1) Atunci când contractul de închiriere s-a încheiat fără determinarea duratei și nu s-a convenit altfel, chiriașul poate denunța contractul prin notificare, cu respectarea unui termen de preaviz care nu poate fi mai mic decât sfertul intervalului de timp pentru care s-a stabilit plata chiriei.

(2) În cazul prevăzut la alin. (1), locatorul poate denunța contractul prin notificare, cu respectarea unui termen de preaviz care nu poate fi mai mic de:

a) 60 de zile, dacă intervalul de timp pentru care s-a stabilit plata chiriei este de o lună sau mai mare;

b) 15 zile, dacă intervalul de timp pentru care s-a stabilit plata chiriei este mai mic de o lună.

[iii] (1) Dacă închirierea este pe durată determinată, locatarul poate denunța unilateral contractul prin notificare, cu respectarea unui termen de preaviz de cel puțin 60 de zile. Orice clauză contrară este considerată nescrisă.
(2) În cazul în care închirierea este pe durată determinată, iar în contract s-a prevăzut că locatorul poate denunța unilateral contractul în vederea satisfacerii nevoilor locative proprii sau ale familiei sale, acestei denunțări i se aplică termenul de preaviz prevăzut la art. 1.824 alin. (2).

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