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What rights and obligations does a landlord have?

· Updated · Renting property ·

Text from 2019. Laws, rates and prices may have changed since then. Ask an agent

What rights and obligations does a landlord have?

Anyone thinking about renting a flat of their own has certain concerns at first. What can they expect from the landlord? What are the landlord's rights and what are their obligations? To build a fruitful relationship with the person from whom we rent the property, we should realise that we must reconcile our expectations of the flat with the duties and responsibilities that fall on the owner.

What obligations does the landlord have?

  • Handing the property over to the tenant in the condition agreed beforehand – a flat handed over for use should meet all the originally agreed criteria, such as specific furnishings or redecoration of the interior,

  • Keeping the flat in the same condition as when the agreement was concluded – the landlord should try to ensure that the tenant's living conditions do not deteriorate during their stay,

  • Keeping the utility systems and appliances in the property in working order – in the event of a breakdown the landlord is obliged to repair faults as soon as possible, and if that is not possible, to reimburse the tenant for the cost of repair,

  • Looking after the condition of the internal systems – the owner is obliged to replace or repair systems such as the drains, central heating or the boiler,

  • Reimbursing renovation costs where living conditions deteriorate without the tenant's interference or fault – the landlord is obliged without delay to reimburse the costs of, or to repair or replace, any systems and appliances that can no longer be used,

  • Keeping the entire surroundings of the property in order – the landlord is obliged to look after the facilities and common areas used by the residents of the building,

  • The owner's responsibility for carrying out necessary repairs – the owner is obliged to monitor the condition of the flat so that it is functional
    and comfortable for the tenant.

READ ALSO – COMMISSION FOR LETTING A FLAT THROUGH AN ESTATE AGENCY

What rights does the landlord have?

  • The right to demand a security deposit – the landlord may make signing the agreement conditional on payment of a security deposit, but the deposit may not exceed the total of 12 months' rent,

  • The option of raising the rent – this is possible only if the earlier arrangements in the agreement are terminated, observing the notice period,

  • The right to terminate the agreement with the tenant – where the tenant fails to meet their obligations, for example is in arrears with rent, uses the property contrary
    to the agreement or vandalises the flat,

  • Acceptance or refusal of renovations carried out by the tenant without the landlord's knowledge – the landlord may then cover the cost of the improvements or demand that the flat be restored to its earlier condition,

  • The right of lien over the tenant's movable property – this property serves as security for the landlord where the tenant is in arrears with rent for more than 12 months.

Renting out a flat is not an easy decision. It often raises questions in our minds to which we cannot give a rational, expert answer ourselves. If you want to rent out a property and obtain detailed information about the rights and obligations of a landlord, contact the specialists at the REMAX estate agency in Katowice.

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