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Contractul de locațiune. Obligațiile locatorului

de Avocat Alexandra Radu

Încheierea valabilă a contractului de locațiune dă naștere la anumite drepturi și obligații în sarcina părților contractante, respectiv atât în sarcina locatorului, cât și în sarcina locatarului, iar în prezentul articol ne vom concentra pe obligațiile aflate în sarcina locatorului și ce demersuri are la îndemână locatarul atunci când acestea nu sunt respectate.

Art. 1786 C. civ. Reglementează în mod succint obligațiile principale ale locatorului. În acest sens, fără a fi necesar să se stipuleze în mod expres aceste obligații în contractul de locațiune, locatorul este dator:

  1. Să predea locatarului bunul dat în locațiune;
  2. Să mențină bunul în stare corespunzătoare de folosință pe toată durata locațiunii;
  3. Să asigure locatarului liniștita și utila folosință a bunului pe tot timpul locațiune;

1. Obligația de a preda bunul dat în locațiune

Această obligație presupune predarea bunului împreună cu toate accesoriile sale, în starea corespunzătoare pentru utilizare. Cu alte cuvinte, bunul împreună cu accesoriile sale vor fi predate nu în starea în care se găsesc, ci în starea corespunzătoare pentru utilizarea în scopul în care bunul a fost dat în locațiune. În acest sens, locatorul are în sarcina sa de a efectua, la momentul predării, toate reparațiile ce sunt necesare pentru ca bunul să fie folosit în mod corespunzător.

În situația în care nu este executată această obligație de predare a bunului, locatarul are posibilitatea:

  1. Să ceară predarea silită a bunului;
  2. Să suspende plata chiriei până la predarea bunului (în cazul în care încă nu a fost plătită chiria), invocând în acest sens excepția de neexecutare a contractului;
  3. Să solicite rezilierea contractului pentru neexecutare și, dacă este cazul, daune-interese;

2. Obligația de a mențiune bunul în starea corespunzătoare folosinței pe toata durata contractului de locațiune

Locatorul are obligația să efectueze toate reparațiile ce sunt necesare pentru mențiunea corespunzătoare a stării bunului. Aceste reparații necesare trebuie raportate la destinația bunului și, mai mult decât atât, sunt reparații ce țin de conservarea imobilului. Sunt avute în vedere reparațiile capitale ce țin de conservarea bunului, cum ar fi cele care privesc degradarea cauzată de un caz fortuit, viciile de construcție ale bunului, etc.

Reparațiile ce țin de utilizarea curentă a bunului sunt, în principiu, în sarcina locatarului. Reparațiile care sunt în legătură cu utilizarea curentă a bunului sunt reparații locative, a căror necesitate rezultă din folosința obișnuită a bunului, iar conform dispozițiilor legale, în lipsă de stipulație contrară în contractul de locațiune, aceste reparații sunt în sarcina locatarului.

În situația în care locatorul nu realizează reparațiile la care este obligat conform legii, locatarul le poate efectua singur, fiind necesar să înștiințeze locatorul de necesitatea reparațiilor. În acest caz, locatorul are obligația de a restitui sumele avansate de către locatar și dobânzile aferente, acestea fiind calculate de la data efectuării cheltuielilor.

În cazul în care este urgentă efectuarea reparațiilor pe care în mod obligatoriu trebuia să le suporte locatorul, locatarul poate efectua el reparațiile, iar înștiințarea locatorului se poate realiza și după începerea lucrărilor. În acest caz, locatorul va fi obligat să achite sumele avanse și dobânzile aferente, însă se vor datora de la data înștiințării, iar nu de la data efectuării cheltuielilor.

În ipoteza în care degradarea bunului dat în locațiune se datorează faptei culpabile a locatarului, reparațiile necesare pentru aducerea bunului în starea normală de întrebuințare nu pot fi imputate locatorului, având în vedere că în această situație se intră pe tărâmul unei răspunderi civile delictuale, locatarul fiind cel care ar trebui să suporte repararea prejudiciului cauzat.

3. Obligația de a asigura locatarului liniștita și utila folosință a bunului pe toată durata contractului de locațiune

Folosința liniștită și utilă a bunului dat în locațiune presupune obligația locatorului:

  1. De a întreprinde tot ce este necesar pentru a asigura că bunul cu privire la care s-a încheiat contractul de locațiune poate și este folosit într-un mod liniștit și util;
  2. De a se abține de la orice fapt care ar diminua sau l-ar împiedica/stânjeni pe locatar în folosința bunului;

4. Garanția locatorului pentru viciile bunului dat în locațiune

4.1. Garanția pentru vicii ascunse

Viciile ascunse sunt cele care împiedică sau micșorează folosirea bunului, indiferent dacă au fost cunoscute sau nu la momentul încheierii contractului ori dacă existau sau nu la momentul încheierii contractului sau au survenit pe parcursul locațiunii.

4.2. Garanția pentru vicii aparente

De principiu, în sarcina locatorului nu există o obligație de a răspunde pentru viciile aparente ce existau la momentul încheierii contractului și pe care locatarul nu le-a comunicat cu ocazia predării bunului. Așadar, dacă în urma verificării bunului, locatarul nu aduce fără întârziere la cunoștință viciile aparente, obligația de predare a bunului în stare corespunzătoare se consideră executată în mod conform.

Așadar, pentru a atrage răspunderea locatorului în ceea ce privește viciile aparente, este necesar să fie îndeplinite următoarele condiții:

  1. Locatarul să verifice bunul și să analizeze dacă sunt vicii aparente;
  2. Dacă au fost observate vicii aparente, locatarul să aducă comunice de îndată locatorului existența acestora;

Prin excepție de la regula de mai sus, locatorul este obligat să răspundă și datorează despăgubiri pentru viciile aparente care prejudiciază viața, sănătatea și integritatea corporală a locatarului.

4.3. Ce remedii pot fi folosite în cazul în care sunt prezente viciile?

Demersurile pe care le poate întreprinde locatarul împotriva locatorului, atunci când bunul dat în locațiune este afectat de vicii, sunt următoarele:

  1. Să solicite locatorului înlăturarea viciilor în cel mai scurt timp;
  2. Să solicite o scădere proporțională a chiriei, în cazul în care viciile nu sunt înlăturate în scurt timp de către locator;
  3. Să solicite rezilierea contractului, dacă viciile sunt atât de grave, încât dacă ar fi fost cunoscute, nu s-ar fi luat în locațiune bunul;
  4. Să solicite daune-interese, dacă a fost produs un prejudiciu din cauza viciilor (prin excepție, locatorul nu poate fi obligat la daune-interese dacă dovedește că nu le-a cunoscut și că, potrivit împrejurărilor, nici nu avea obligația de a le cunoaște);

5. Garanția pentru calitatea bunului ce a fost dat în locațiune

Atunci când discutăm despre această garanție, locatarul are posibilitatea:

  1. Să introducă o acțiune pentru scăderea proporțională a chiriei;
  2. Să introducă o acțiune pentru rezilierea locațiunii, cu solicitarea de daune-interese, dacă este cazul;

Dacă cu ocazia predării bunului sau pe parcursul executării contractului de locațiune, se descoperă neconformitatea calitativă a bunului, situația se asimilează unui viciu ascuns al bunului, locatarul având posibilitatea de a uzita de demersurile arătate mai sus.

6. Garanția pentru tulburări de fapt

De principiu, locatorul nu garantează pentru tulburările de fapt ce sunt cauzate prin fapta unei terțe persoane, care nu pretinde un drept asupra lucrului. În această situație, locatarul are la dispoziție introducerea unei acțiuni posesorii, în condițiile art. 949 C. civ. (locatarul având calitate de detentor precar).

Prin excepție, locatorul are obligația de a garanta pentru tulburări de fapt ce sunt cauzate de o terță persoană, dacă:

  1. Tulburările au fost începute înainte de predarea bunului;
  2. Tulburările îl împiedică pe locatar să preia bunul;

În această situație, locatarul are posibilitatea de a introduce o acțiune la instanța de judecată competentă prin care:

  1. Să solicite scăderea proporțională a chiriei;
  2. Să solicite rezilierea contractului de locațiune;

7. Garanția pentru tulburări de drept

Această garanție este datorată de către locatorul împotriva oricărei terțe persoane care pretinde un drept asupra bunului ce este dat în locațiune, chiar dacă nu există o tulburare de fapt din partea acestei persoane.

Așadar, locatorul poate:

  1. Să datoreze despăgubiri locatarului, dacă acesta a fost lipsit, în tot sau în parte, de folosința bunului închiriat și a suferit un prejudiciu;
  2. Să suporte o scădere proporțională a chiriei, indiferent de gravitatea tulburării, dacă acesta nu a înlăturat-o de îndată, deși i-a fost comunicată;
  3. Să accepte rezilierea contractului de locațiune, dacă tulburarea este atât de gravă, încât dacă locatarul ar fi cunoscut-o, nu ar mai fi încheiat contractul;
  4. Să fie obligat la daune-interese;

Dacă locatarul, la încheierea contractului de locațiune, cunoștea cauza tulburării (evicțiunii), nu mai poate beneficia de dreptul de a cere daune-interese de la locator.

 

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