When can a landlord enter the flat they are renting out?

Unannounced visits by landlords are a frequent source of conflict. Although violating the sanctity of the home is a criminal offence punishable even by imprisonment, there are exceptional situations that entitle a landlord to enter the premises without the tenant's consent. When is such an action legal, and when does it constitute a breach of the law? What are the obligations of both parties in such a situation? Find out in today's post.

The sanctity of the home – what is it?

A person who enters into a lease agreement gains the right to exclusive use of the given premises. This means that the landlord may not enter the flat without the tenant's consent. Such an action constitutes a violation of the sanctity of the home (mir domowy) and may have serious legal consequences.

What is the sanctity of the home? It is nothing other than a guarantee of respect for privacy and the inviolability of property. Everyone has the right to feel safe in their own home. A violation of the sanctity of the home may take the form of breaking into a rented flat or house, or of refusing to leave the property despite a demand from the person entitled to occupy it (the tenant).

When can a landlord enter the flat without your consent?

There are very limited situations in which a landlord may enter a rented flat or house without your consent. Under the provisions of the Act on the Protection of Tenants' Rights, in the event of an emergency that poses a direct threat of damage to the property, such as a gas leak, a fire or a water leak, the landlord is entitled to enter the residential premises in order to carry out the necessary repair work. This right is limited by the requirement that a public official (the police, the municipal guard or the fire brigade) be present and by the obligation to secure the tenant's belongings.

When can a landlord enter the flat with your consent?

The tenant is obliged to allow the landlord access to the premises in two strictly defined situations:

• during planned or emergency technical inspections;
• where the landlord needs to carry out work for which they are responsible.

However, in both of the above cases, every visit must be agreed with the tenant in advance in the lease agreement. The landlord may not turn up unexpectedly. Once the work is finished, the landlord is obliged to leave the flat at the tenant's request. Failing to comply with this obligation constitutes a violation of the sanctity of the home and may result in criminal liability.

Summary

As you can see, the question of a landlord entering a rented flat is strictly regulated by law. The exceptions to this rule are very limited and concern only emergencies or previously agreed inspections.

If you want to rent out a flat and need support in the process, be sure to contact me. As an experienced estate agent in Katowice, I will ensure the complete security of the transaction and protect your interests.