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What are the rights and obligations of a tenant?

· Updated · Renting property ·

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

What are the rights and obligations of a tenant?

Is a flat lease agreement merely about making the property available temporarily in return for regular and punctual payment of the rent agreed between the parties? Not quite. Both the owner of the flat and the tenant have their rights and obligations. It is worth knowing them – whether you are the tenant or the landlord.

The landlord's obligations and rights

Renting out a flat is not only about the benefits of receiving rent. It also brings certain obligations. It is worth knowing these both when you are a tenant in a rented flat and when you let a property to someone else. This will be especially important for investors who want to earn in this way and would prefer to avoid any unexpected costs.

What is it about? Mainly the condition of the property. That a rented flat should be handed over to the tenant in the state set out in the earlier agreement is one thing. But it is not always taken into account that, during the tenancy too, the owner should look after the basic utility systems. Any repairs to the drains or the gas connection are the owner's responsibility (bear in mind, however, that this applies to the connections, but not to the fittings).

Obligations are one side of the coin. But there are also rights. For example, the landlord may require anyone opting for a flat to rent in Katowice to pay a security deposit, which protects the landlord's interests in the event of late payment of rent or damage to the property. Importantly, however, the deposit may not exceed twelve times the monthly rent set in the lease agreement.

Another important right of the owner is to change the amount of the rent. It cannot, however, be changed from one day to the next. A rent increase must be preceded by terminating the existing lease, observing the notice period provided for in it.

READ ALSO – EVERYTHING YOU SHOULD KNOW ABOUT A SECURITY DEPOSIT FOR A FLAT RENTAL

The tenant's obligations and rights

A flat is more than a place where you sleep and for which you pay rent. Consequently, the tenant has certain rights, but is also bound by certain obligations.

The right to receive guests and let them stay overnight is almost obvious. "Almost" makes all the difference, though, because the exception is where this has been ruled out in the lease agreement.

Whether the tenant has the right to make alterations to the flat, for example as part of a renovation, is a separate matter. Their scope must be agreed in writing with the owner, and it is best to cover this in the agreement itself. On the other hand, the tenant has the right to install a telephone, gas or lighting, provided this does not reduce safety in the building.

An important obligation of the tenant is to keep it in a proper technical and hygienic condition. Accordingly, they are responsible for minor work, such as periodic repainting.

It is also very important that the owner of the property has the right to enter the flat in order to assess its condition. The tenant, in turn, is obliged to allow such an inspection. It is important, however, that such a visit should take place on a previously agreed date, which gives the tenant some freedom in agreeing the date and time.

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