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A written fixed-term lease is the tenant's only basis
Updated July 2026

🔑 Is an oral tenancy as good as a written one?

No
Quick answer

It is not — and this is a tenant's biggest illusion. Bank transfers and messages may help prove what happened, but the Residential Tenancy Law is plain: the tenant's only legal basis for using the dwelling is a written lease. It must be concluded in writing by both landlord and tenant, and the same applies to subletting. It must be for a fixed term: new indefinite residential leases are not provided for by the current law. Five things must be in it: the dwelling, the term, the rent and how it may be adjusted, the utility payments, and the people who will live with the tenant.

📋 The rules

  • The lease must be in writing — subletting too
  • It must be for a fixed term
  • New indefinite leases are not provided for
  • It must contain five mandatory groups of information
  • The tenant may end it on one month's notice

🔓 Exceptions

  • A spouse and either spouse's children may move in on written notice; others need the landlord's consent
  • The tenant may terminate immediately if the landlord fails to provide peaceful use or maintenance
  • Leases concluded by 30 April 2021 have transitional rules, with a deadline of 31 December 2026

⚠️ Penalties & fines

There is no fine for an oral arrangement — and that is precisely what misleads people. The real risk is far larger. A lease not entered in the Land Register ordinarily ends when a purchaser registers ownership. A purchaser who knows about the tenant but refuses a new agreement generally gives two months to leave; after the statutory notarial notice procedure the period may be one month. But the landlord has limits too. If they prevent you using the home or cut off heating, electricity, water, sewerage or waste collection, they face fines up to €1,400, and a legal entity up to €14,000.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Does an oral agreement count?

Transfers and messages may help prove what happened, but the law states that the tenant's only legal basis for using the dwelling is a written residential lease agreement.

What must the lease contain?

Five groups of information: the dwelling, the lease term, the rent and its adjustment procedure, the utility payments, and the people who will live with the tenant.

Can the lease be indefinite?

New indefinite residential leases are not provided for by the current law — the lease must have a fixed term. Older contracts are governed by transitional provisions.

How quickly can I end the tenancy?

For a lease of no more than ten years, the tenant may ordinarily terminate on at least one month's written notice. The landlord's grounds for termination are far stricter.

What happens if the flat is sold?

A lease not entered in the Land Register ordinarily ends when the purchaser registers ownership. That is exactly why registration of the lease matters so much to a tenant.

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