- 2 min read
Rental contract
Beware of traps and read the fine print before you sign
In lease contracts, so-called "onerous clauses" are often present. These clauses include limitations of liability, the right to withdraw from the contract, or the suspension of its execution in favor of the party that drafted them. They may also impose restrictions on the other party's ability to raise objections, establish forfeitures, tacit renewal or extension of the contract, as well as arbitration clauses and those that override the jurisdiction of the judicial authority.
In a lease contract containing onerous clauses, it is necessary for these clauses to be specifically approved in writing by the signatory; otherwise, they will be considered null and void (Article 1341 of the Civil Code).
According to prevailing case law, the following clauses are considered onerous:
The clause that assigns to the tenant the responsibility for repairs under Articles 1576 and 1609 of the Civil Code, as well as for all installations, thereby transferring the landlord’s obligation to maintain the leased property in a condition suitable for its agreed use entirely to the tenant (Cassation No. 2555/1971).
The clause that requires the tenant to remedy the deterioration of the leased property resulting from normal use once the lease ends (Cassation No. 11703/2002).
The clause that stipulates contract termination for the tenant’s failure to pay even a single installment (Cassation No. 446/2011).
Case law does not consider the following clauses to be onerous:
The clause prohibiting subletting (Cassation No. 337/1979).
The clause that adjusts the rent based on the cost-of-living index when the law does not impose limits on such adjustments (Cassation No. 2097/1985).
The clause requiring the landlord’s written permission for a change in the use of the leased property, as well as the provision that any violation of the agreed use constitutes a serious breach justifying contract termination (Cassation No. 265/1989).
The clause excluding the tenant’s right to compensation for improvements made to the property, as it does not limit liability or the right to raise objections but merely operates on a substantive level, lawfully derogating from Article 1592 of the Civil Code (Cassation No. 10425/2002).
The clause that assigns to the tenant expenses typically borne by the landlord, including those resulting from aging, force majeure, and agreed use (Cassation No. 15592/2007).
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