New Changes Impacting The Leasing Legislation

1. Background

Law no. 83/2021 amending and supplementing Government Ordinance no. 51/1997 on the leasing operations and the leasing companies ("GO no. 51/1997") was published on April 16, 2021 in the Official Gazette no. 401, Part I ("Law no. 83/2021"). Importantly, the provisions of Law no. 83/2021 may only be applied for leasing agreements concluded after its entry into force.

The legislative novelties set forth by Law no. 83/2021 have as purpose to ensure a balance between the parties to the leasing agreements, i.e. the tenants/users that are also considered consumers and the lessors/financiers. This is because the leasing agreements have standard clauses and the consumers may in fact only adhere to such agreements, not being entitled to negotiate them.