The Lease Contract and the Parties' Obligations
The relationship between landlord and tenant is governed by the lease norms of the Civil Code, represented on this page by Articles 531, 540, 558, 562, 564 and 567. Article 531 defines the concept: under a lease contract, the lessor is obliged to transfer the item to the lessee for use for a fixed period, and the lessee is obliged to pay the lessor the agreed rent. The essence of the deal is thus bilateral — the right to use in exchange for payment — and the analysis of any dispute begins precisely with the performance of these obligations.
In the rental of an apartment this simple formula carries many practical questions: in what condition the premises are handed over, what rent is agreed, how payments are recorded, and what happens when obligations are breached. The Code's norms answer these with a general framework, while the details are fixed by the contract and by other provisions of the Code.
Tolerating Interventions Needed to Maintain the Dwelling
Article 540 sets a rule specific to the lease of premises: the lessee of premises must tolerate interventions affecting the leased item that are necessary to maintain the leased dwelling or building. This means that repair or maintenance work indispensable for keeping the building sound is treated as the tenant's burden — the tenant's consent to such work is not required.
The same norm binds the lessor strictly: the lessor must, where possible, notify the lessee of such measures and must not allow actions that are not caused by necessity. The law here balances the interest of maintaining the building against the tenant's right to peaceful enjoyment of the home. An intervention that exceeds what necessity demands already becomes ground for a dispute.
Terminating the Contract for Non-Payment of Rent
Article 558 gives the lessor the right to terminate the contract before expiry where the lessee has not paid the rent for three months. This norm is one of the landlord's most frequently used instruments: payment delays stretching over months reach the statutory threshold and place the continued existence of the contract on the agenda.
Exercising this right still demands documentary foundation: the landlord must prove that the rent went unpaid for precisely that duration. Communication with the tenant, the history of bank transfers or other evidence is used to confirm payment or non-payment, and the success of the claim depends on the completeness of that evidence.
Weighty Reasons for Ending a Dwelling Lease
Article 562 permits the lessor to end a lease of dwelling premises only where weighty reasons exist. The law regards a reason as weighty where the lessee has culpably and significantly breached their contractual obligations; where the lessor needs the dwelling for themselves or for close relatives; where the lessee refuses to pay the increased rent proposed by the lessor that corresponds to the market rent for the apartment; or where the lessee has committed against the lessor an unlawful or immoral act that makes the continuation of their relationship impossible.
A special rule covers furnished apartments: in that case the lessor may always terminate the lease, observing the period of notice. The existence of a weighty reason requires assessment — culpability, the significance of the breach and conformity with the market are established by examining the facts, and this is exactly where court disputes most often arise.
Returning the Leased Item and the Consequences of Non-Return
Upon the end of the lease contract, the lessee must return the item to the lessor in the condition in which it was received, taking normal wear into account, or in the condition determined by the contract — this is how Article 564 defines the tenant's obligation. Comparing the condition at receipt and at return is the classic issue of dispute, which is why handover acts are in practice decisive evidence.
Where, after the relationship has ended, the lessee does not return the leased item, Article 567 gives the lessor the right to demand payment of the rent established for the period of delay, as compensation for the damage. At the same time, an agreement imposing on the lessee compensation greater than the damage actually caused is void — the law protects the principle of proportionality of compensation.
Frequently Asked Questions
How long must rent go unpaid before the contract can be terminated?
The lessor may terminate the contract before expiry where the lessee has not paid the rent for three months. The landlord must prove that threshold with documents.
Can a landlord end a dwelling lease at any time?
No. A lease of dwelling premises may be ended by the lessor only where weighty reasons exist, as defined by law. The exception is the furnished apartment, where termination observing the notice period is always possible.
In what condition must the tenant return the apartment?
In the condition in which it was received, taking normal wear into account, or in the condition determined by the contract. Handover acts are the best instrument for that comparison.
What can the landlord claim if the tenant will not return the apartment?
Payment of the rent established for the period of delay, as compensation for damage. An agreement distributing more than the damage to the tenant is void.
Must the tenant accept the landlord's repair works?
Yes, where the intervention is necessary to maintain the leased dwelling or building. The lessor notifies of it where possible and does not allow works beyond what necessity demands.
How We Help on Legal.ge
On Legal.ge we help both landlords and tenants: we structure lease clauses, assess grounds for termination, prepare rent and damage claims and stand beside you in court proceedings. Contact us — we will evaluate your situation and build a position grounded in the norms of the Civil Code.