Commodatum Agreements for Homes: Rules & Templates

Reviewed by Luiza Balojin, real estate agent, on September 24, 2026.

A commodatum contract (contract de comodat) lets you give someone a home to use, free of charge, for a period of time. You see it when a parent lets a child live in an apartment, when a relative stays in your house for a while, or when a PFA (persoană fizică autorizată, a Romanian sole trader) or a company sets up its office in a home it does not own.

Below are the Civil Code rules, a model commodatum contract for a home that you can adapt, and what changes when the home becomes the office of a PFA or a company.

What a commodatum contract for a home is

A commodatum is a free loan for use: the lender (comodant) hands a movable or immovable asset to the borrower (comodatar), who uses it and returns it after a time (Civil Code, art. 2146). With an apartment or a house, the owner stays the owner, and the borrower only gets the use of it, without paying for it.

The difference from a lease is payment: a tenant pays rent, a borrower does not. For a contract with rent, see which clauses to include in a lease and what to know when you move into a rental.

You do not have to be the owner to lend a home. The Civil Code (art. 2147) allows anyone who holds the right to use the asset to do so, unless the law or the contract forbids it.

The borrower's and the owner's obligations

The borrower, the person who receives the home, has three basic obligations (art. 2148):

to look after the home as a good owner would;
to use it only for the purpose set in the contract;
to hand it to someone else only with the lender's prior consent.

The borrower is not liable for wear from the agreed use. But if they use the home differently or keep it past the term, they are liable for its destruction or damage even in a case of force majeure (art. 2149).

The borrower pays the costs of using the home. The cost of necessary works that could not be foreseen at signing is reimbursed if the borrower told the owner in advance and the owner did not object, or if the works were so urgent that the owner could not be told in time (art. 2151). That is why the contract should name the bills each party pays.

The owner is liable for hidden defects they knew about and did not disclose. The borrower has no right of retention: they cannot keep the home until they are paid sums they say the owner owes them. If the home is lent to several borrowers, they are jointly and severally liable (art. 2152-2154).

Form: in writing, with a certain date, or before a notary

The Civil Code does not require notarial form for a commodatum to be valid. Still, put it in writing: the signed contract shows what you agreed on purpose, duration and the condition of the home at handover.

Form matters when the home has to be returned. A contract made in notarial (authentic) form, or a private contract with a certain date (dată certă), is an enforceable title (titlu executoriu) for the return of the home at the end of the term or on the borrower's death, meaning it can be enforced through forced execution. If you set no term, it is an enforceable title only when the use is not specified or is permanent (art. 2157).

Before you sign, check the home's land book extract (extras de carte funciară). It is not a legal requirement for a commodatum, but it shows who is registered as the owner, the cadastral number you write into the contract, and any encumbrances.

How long a commodatum lasts and when the home is returned

The contract can have a term, for example two years, or no term at all. The home is returned at the end of the term or once the agreed use is over. If there is no term and the use is permanent or not specified, the borrower returns it when the lender asks (art. 2155).

The Civil Code sets no notice period. If you want the other party to have time to move out, write a number of days from the written request into the contract.

The owner can ask for the home back before the term in three situations (art. 2156):

they have an urgent and unforeseen need for it;
the borrower has died;
the borrower breaches their obligations, for example uses the home differently than agreed or hands it to someone else without consent.

The law does not ask you to justify the request in court. Make it in writing, so you have proof of the date.

Model commodatum contract for a home

The model below is written for a commodatum between two private individuals. Replace everything in square brackets and delete the options that do not fit. It covers ordinary situations; for anything unusual (several co-owners, a mortgaged home, special clauses), ask a notary or a lawyer.

COMMODATUM CONTRACT no. [number] of [date]

1. The parties

1.1. [Full name], CNP (personal identification number) [CNP], residing at [address], identity document [type, series and number], as lender (comodant), and

1.2. [Full name], CNP [CNP], residing at [address], identity document [type, series and number], as borrower (comodatar),

have concluded this commodatum contract. [If a party is a PFA or a company: name, registered office, registration details and representative.]

2. Subject of the contract

2.1. The lender hands the borrower, for temporary use, the home at [town, street, number, building, entrance, floor, apartment], made up of [number] rooms, with a usable area of [number] sq m, registered in land book (carte funciară) no. [number] of [town], cadastral number [number], together with the items listed in the handover report (annex 1).

2.2. The lender declares that they hold the right to use the home as [owner or other capacity], based on [the deed, with its number and date], and that neither the law nor another contract forbids them to lend it.

2.3. The lender declares that they know of no hidden defects in the home, except: [description, or "none"].

3. Purpose of use

3.1. The borrower uses the home only as [their and their family's home] or [the professional office of the PFA / the registered office of the company, with its name].

4. Duration

4.1. Option A: The contract is concluded for [number] [months or years], from [date] to [date].

4.1. Option B: The contract is concluded with no term. The borrower returns the home at the lender's written request, within [number] days of receiving it.

5. Free of charge

5.1. Use of the home is free: the borrower pays the lender no rent or other sum for its use.

6. The borrower's obligations

6.1. The borrower undertakes:

to look after the home as a good owner would;
to use it only for the purpose in clause 3;
not to hand it, in whole or in part, to anyone else without the lender's prior written consent;
to tell the lender without delay about any fault or any necessary and urgent work.

6.2. The borrower is not liable for wear resulting from the agreed use. If they use the home differently than agreed or keep it past the term, they are liable for its destruction or damage even in a case of force majeure.

6.3. If there are several borrowers, they are jointly and severally liable to the lender.

7. Running costs and utilities

7.1. For the duration of the contract, the borrower pays the costs of using the home: [electricity, gas, water, the owners' association maintenance fee, internet, other services].

7.2. The supply contracts [stay in the lender's name and the borrower pays the bills by their due date] or [move into the borrower's name]. Meter readings at handover are recorded in annex 1.

8. Works

8.1. The lender reimburses the borrower for the cost of necessary works on the home that could not be foreseen when the contract was signed, if the lender was told in advance and did not object, or if the works were so urgent that the lender could not be told in time.

8.2. Any other work (renovation, alteration, improvement) is done only with the lender's written consent.

9. Return of the home

9.1. At the end of the term or, under the no-term option, at the lender's request, the borrower hands back the home, the keys and the items in annex 1, against a signed handover report.

9.2. The lender may ask for the home back before the term if they have an urgent and unforeseen need for it, if the borrower dies, or if the borrower breaches their obligations under the contract.

9.3. The borrower may not keep the home on account of sums the lender might owe them.

10. Form and certain date

10.1. The contract is concluded [as a private document with a certain date] or [in authentic form, before a notary], in [number] copies.

10.2. In this form, the contract is an enforceable title for the return of the home, under art. 2157 of the Civil Code.

10.3. Any change is made by an addendum signed by both parties.

11. Signatures

Lender: [full name], [signature]

Borrower: [full name], [signature]

Annex 1: the handover report, with the condition of each room, the items handed over, meter readings, the number of keys and dated photos.

Commodatum for a PFA: the professional office

If you register a PFA with its professional office in the home of a parent, a partner or someone else, a commodatum is one of the accepted options. With the registration application, ONRC (the National Trade Register Office) asks for documents proving the right to use the office, as certified copies (copie legalizată), and the commodatum contract is on the list.

The list below is from ONRC's page on a PFA's office (in Romanian); check it before you file.

ONRC's list of documents that prove the right to use a PFA's office, including the commodatum contract, as a certified copy

Note the difference from a lease: a lease must also be registered with the tax office (Administrația Finanțelor Publice) when the owner is a private individual. For a commodatum, ONRC does not ask for that registration.

Under purpose of use (clause 3 of the model), state explicitly that the home serves as the PFA's professional office. The borrower may use the home only for the purpose set in the contract.

A company's registered office in a home lent under commodatum

For an SRL (limited liability company) or another company, Company Law no. 31/1990 adds two rules:

you do not need the approval for a change of use if the company's administrator declares, on their own responsibility, that no activity takes place at the office (art. 17);
if the document proving the right to use the office expires, ONRC can find that the conditions for dissolving the company are met.

If the office rests on a fixed-term commodatum, extend it or move the office before it expires.

Building tax on a home lent under commodatum

The building tax is owed by the owner, not the borrower (Fiscal Code, art. 455). If an office with no economic activity at the address is registered there, the building is taxed as residential (art. 459).

Frequently asked questions

Do I have to go to a notary for a commodatum contract?

No. The Civil Code does not require notarial form for a commodatum to be valid. Form matters for getting the home back: a notarial contract, or a private one with a certain date, is an enforceable title for its return at the end of the term or on the borrower's death.

Can I lend an apartment to a relative under a commodatum?

Yes. Anyone who holds the right to use a home can lend it, unless the law or the contract forbids it (Civil Code, art. 2147). Your relative uses it free of charge and returns it at the end of the term or, if you set neither a term nor a specific use, when you ask.

Does a commodatum have to be registered with the tax office for a PFA's office?

No, according to ONRC's list: registration with the Administrația Finanțelor Publice (tax office) is listed there only for a lease, when the owner is a private individual. The commodatum contract is attached to the PFA's registration application as a certified copy.

Can the borrower hand the home to someone else?

Only with the lender's prior consent (Civil Code, art. 2148). Doing it without consent breaches the borrower's obligations, and the lender can ask for the home back before the term.

What happens to the commodatum if the borrower dies?

The lender can ask for the home back, even before the term (Civil Code, art. 2156). If the contract is notarial or has a certain date, it is an enforceable title for the return of the home on the borrower's death as well.

Who pays the utilities when a home is lent under a commodatum?

The Civil Code puts the costs of use on the borrower (art. 2151). To avoid arguments, list in the contract the bills the borrower pays: electricity, gas, water, the maintenance fee, internet.