Long-Term Rental: Tenant & Landlord Rights and Risks
Who pays if the water heater breaks down?
Can the landlord enter the property?
What happens to the deposit when the tenant moves out?
Who pays for a broken washing machine?
What happens if the rent is not paid?
And what happens if the owner decides to sell the property?
A long-term rental involves risks for both parties.
The tenant pays a deposit, makes monthly payments and turns someone else's property into their home.
The landlord hands over a property that may be worth hundreds of thousands of euros to someone they may barely know.
That is why a good rental agreement should not protect only one side.
It should make the rules clear for both.
What Are the Landlord's Main Responsibilities?
Under Bulgarian law, a landlord provides a property for temporary use in return for an agreed rental price.
Unless otherwise agreed, the landlord must hand over the property in a condition suitable for the purpose for which it has been rented.
If the property is not provided in an appropriate condition, the tenant may have legal remedies depending on the circumstances, including requesting that the problem be remedied, seeking a proportionate reduction in rent or, in certain cases, terminating the agreement.
In practical terms, this makes one thing particularly important:
The condition of the property at the beginning of the tenancy should be documented.
It is good practice to prepare a handover protocol describing:
- furniture and appliances;
- existing visible damage;
- the condition of walls, floors, doors and windows;
- the number of keys provided;
- electricity and water meter readings;
- equipment and other items included with the property.
Photographs or a video taken during the handover can provide additional evidence and help prevent future disputes.
What Are the Tenant's Main Responsibilities?
The tenant must use the property in accordance with the agreed terms or, where no specific use has been agreed, according to its intended purpose.
The tenant is also responsible for paying the agreed rent and the expenses associated with using the property, subject to the terms of the agreement and applicable law.
At the end of the tenancy, the tenant must return the property.
The tenant may also be responsible for damage caused during the tenancy and should inform the landlord promptly when damage or other problems affecting the property occur.
For example, if a leak appears, waiting until it causes serious damage before informing the landlord could make the situation considerably worse.
Who Pays for Repairs in a Rented Property?
This is one of the most common causes of disputes between tenants and landlords.
Bulgarian law distinguishes between minor repairs resulting from ordinary use and other types of damage.
As a general rule, minor repairs related to normal use are borne by the tenant. Other repairs are generally the landlord's responsibility when the damage was not caused by the tenant.
But real-life situations are not always that simple.
The washing machine stops working.
The air conditioner breaks down.
A tap starts leaking.
The water heater needs replacing.
This is why the rental agreement should make responsibilities as clear as possible.
The most important question is not simply:
"Who pays?"
It is:
"Why did it break?"
Normal wear and tear and damage caused by improper use are not the same thing.
Risk No. 1 for the Tenant: Paying a Deposit Without Clear Conditions for Its Return
"Deposit – two months' rent."
That sounds clear.
But it isn't enough.
The rental agreement should specify:
How much is the deposit?
What exactly does it secure?
Under what circumstances can money be deducted from it?
How will damage be established?
What happens if utility bills remain unpaid?
When will the remaining deposit be returned after the property is vacated?
The existence of a deposit alone does not prevent disputes.
Clear rules about the deposit do.
Risk No. 2 for the Landlord: Unpaid Rent and Bills
One of the biggest risks for a landlord is a tenant who stops paying.
And the problem may extend beyond one month's rent.
There may also be unpaid:
electricity bills,
water bills,
heating costs,
expenses related to the use of the property,
or damage to the home.
The rental agreement should therefore clearly state:
- the amount of rent;
- the payment due date;
- the method of payment;
- which running costs are paid by the tenant;
- what happens in the event of late payment;
- the grounds and procedure for terminating the agreement.
Payment by bank transfer can also have a practical advantage: there is a traceable record of payments.
Risk No. 3 for the Tenant: The Owner Decides to Sell the Property
Having an active rental agreement does not automatically mean that the owner cannot sell the property.
This possibility should therefore be considered before signing a long-term agreement.
Under Bulgarian law, the tenant's position after the property is transferred to a new owner can depend on factors such as whether the rental agreement has been registered and whether it has a legally recognised date.
In certain circumstances, the agreement may remain binding on the new owner.
For a long-term tenancy, particularly where stability is important to the tenant, it may be advisable to have the specific agreement reviewed by a lawyer before signing it.
Risk No. 4 for the Landlord: The Property Is Returned Damaged
This is where the handover protocol becomes particularly important.
Without a clear record of the property's original condition, a dispute a year later can easily become:
"It was already broken."
"No, it wasn't."
"The wall was already damaged."
"No, it wasn't."
A signed protocol supported by photographs or video cannot guarantee that a dispute will never occur.
But it gives both parties a much clearer starting point.
It is also important to distinguish between normal wear and tear and actual damage caused during the tenancy.
Risk No. 5 for the Tenant: Not Checking Who Has the Right to Rent Out the Property
Before paying a deposit or the first month's rent, check who you are signing the agreement with.
The tenant should know who is providing the property and on what legal basis.
If the rental agreement is being signed by a representative, their authority to act should be verified.
Co-owned properties or other specific ownership situations may require additional checks.
Do not begin checking these details after you have transferred the money.
Risk No. 6 for the Landlord: Not Knowing Who Will Actually Live in the Property
The rental agreement is signed with one person.
Two months later, four people are living in the property.
Or the property is being used by someone else.
Or it is being used for a purpose different from the one agreed.
Bulgarian law also contains provisions concerning subletting, while the parties may regulate the issue more specifically in their agreement.
It is therefore sensible for the rental agreement to specify who will occupy the property and what rules apply to allowing other people to use it.
Risk No. 7: The Agreement Does Not Clearly Explain How the Tenancy Ends
"We'll work it out."
That works perfectly.
Until the relationship between the parties becomes difficult.
The rental agreement should clearly answer:
Is it for a fixed or indefinite period?
What notice period applies?
What breaches may lead to termination?
When and how are the keys returned?
When are the final utility bills settled?
Under Bulgarian law, where a rental agreement has no specified term, either party may generally terminate it with one month's notice, subject to the applicable legal rules and any relevant contractual provisions.
The rules for ending the tenancy should therefore be clear before someone wants to leave, not afterwards.
What Should a Tenant Check Before Signing?
Do not check only the apartment.
Check the terms under which you will live there.
Pay particular attention to:
the amount of the deposit and the conditions for its return;
which utility bills and other expenses you will pay;
whether there is a maintenance fee;
who is responsible for different types of repairs;
the condition of appliances and furniture;
the duration of the rental agreement;
the notice period;
rules regarding pets;
who is allowed to live in the property;
and any specific rules applying to the building or residential complex.
Never rely solely on:
"Don't worry, we'll work it out."
If something is important to you, it is better to have it clearly agreed.
What Should a Landlord Check?
The landlord also has an interest in reducing risk before handing over the keys.
There should be clarity about:
who is signing the agreement;
who will live in the property;
how and when the rent will be paid;
who will pay the running costs;
what happens if something is damaged;
whether subletting is permitted;
what the rules are regarding pets, if relevant;
how the agreement can be terminated;
and the condition in which the property must be returned.
Checking a prospective tenant carefully does not automatically mean that the landlord distrusts them.
And a tenant carefully checking the landlord and the agreement does not mean they expect problems.
It means both parties understand what they are agreeing to.
How Can Dealehome Help Before the Rental Agreement Is Signed?
Many problems with long-term rentals begin with the property listing itself.
When important information is missing, the tenant may discover the actual conditions only during a phone call, a viewing or even immediately before signing the agreement.
This is why structured property characteristics and filters in Dealehome can be useful from the beginning of the search.
The map helps users assess the location and surrounding area.
Photos and video can provide a more complete picture of the property before arranging a viewing.
Structured property characteristics make it easier to compare homes according to criteria that actually matter to the tenant.
And direct contact allows both parties to clarify important questions before a viewing or before entering into an agreement.
Dealehome does not replace the rental agreement, legal due diligence or the property handover protocol.
But a well-structured property search can help ensure that more of the important questions are asked earlier.
A Good Long-Term Rental Starts Before the Keys Are Handed Over
There are two parties in every long-term rental.
One is providing their property.
The other is making it their home.
The landlord can reasonably expect the property to be looked after and the agreed payments to be made.
The tenant can reasonably expect to receive the property in the agreed condition and to use it under clear and predictable terms.
That is why the best rental agreement is not necessarily the one with the most pages.
It is the one where both parties know what happens when something does not go according to plan.
Frequently Asked Questions
Who pays for repairs in a rented property?
Under the general rules of Bulgarian law, minor repairs resulting from ordinary use are generally the tenant's responsibility. Other repairs are generally borne by the landlord when the damage was not caused by the tenant. The specific rental agreement and circumstances should always be checked.
Can a landlord keep the rental deposit?
This depends on the rental agreement and the specific circumstances. The agreement should clearly state what the deposit secures, when deductions may be made and when any remaining amount must be returned.
What happens to the rental agreement if the owner sells the property?
A sale does not necessarily have the same consequences in every case. Under Bulgarian law, the tenant's position may depend on factors including the form and status of the rental agreement. For a long-term tenancy, the specific agreement should be reviewed carefully, particularly if continuity after a potential sale is important.
What should be included in a property handover protocol?
A good handover protocol should record the condition of the property, furniture and appliances, existing defects, the number of keys provided and utility meter readings. Photographs or video can be useful additional evidence.
Important: This article is for general informational purposes and does not constitute individual legal advice. Bulgarian legislation and the specific terms of the rental agreement should be considered in each individual case.
tenant rights, tenant responsibilities, landlord rights, landlord responsibilities, rental agreement, rental deposit, long-term property rental, risks of renting a property, repairs in a rented property, terminating a rental agreement
