Tenant or landlord: who is responsible for repairs?

A well-drafted tenancy agreement should set out the duties of the tenant and the landlord. These include, among other things, responsibility for repairs and the costs incurred. What obligations can we expect from the owner, and which does the tenant most often take on?

How to share responsibility most advantageously?

Before we decide to sign a tenancy agreement prepared by the owner, it is worth discussing which party will be responsible for keeping the flat clean and tidy, for keeping its appliances in working order and, above all, for repairing any defects. The rules agreed between tenant and landlord should then become part of the agreement; this gives us one hundred per cent certainty as to exactly what our duties are.

When dividing the duties of repairing defects between themselves, tenants and landlords often go by the cause of the defect. As a rule, if the problem or damage is the tenant's fault (for example, the result of improper use of household appliances), responsibility for the repair and the costs incurred lies with the tenant. Defects resulting from everyday use will, on the other hand, most often be dealt with by the flat's owner.

Another useful rule for dividing duties is that the flat's owner should be responsible above all for what we cannot see with the naked eye, that is, repairs to the plumbing, gas supply or wiring. Such failures are usually not the tenant's fault and require more work, hence the responsibility on the owner's side.

And what if the division of duties is not in the agreement?

Although every experienced estate agent would advise otherwise, many tenancy agreements still contain no detailed arrangements on repairs, which sometimes causes disputes between tenants and landlords. In such situations, the provisions of the Act on the Protection of Tenants' Rights (ustawa o ochronie praw lokatorów), which bind both parties, come to the rescue.

Under Polish law, the tenant's duties include keeping the home tidy and maintaining the rented unit in proper condition. What does this mean? Above all, responsibility for minor repairs, which include painting walls and floors, repairing windows and doors, and basic repairs of the sanitary appliances that are part of the unit's equipment, such as the fridge, washing machine or washbasin.

And what can we expect from the landlord? The Act imposes on the owner a duty to ensure that the flat being let is fit for use throughout the period of the tenancy. In the case of damage and failures that endanger the residents' safety, the responsibility rests on the owner's shoulders. Under the Act, the owner is also responsible for the costs of repairs that are hard to describe as "minor", that is: repairs to the heating, water supply, gas and sewerage systems and replacement of plasterwork, floors and heating stoves. If the owner fails to fulfil these duties, the tenant may carry out the necessary repairs, but at the owner's expense.