Rights and obligations of the owner of a rented flat

Renting flats is common and brings numerous benefits both to the landlord and to the tenant. But before we decide to sign an agreement that will be binding on each party, it is worth first familiarising ourselves with the rights and obligations of the owner and the tenant. Thanks to this we will know what we must comply with, and what we can demand and enforce. In keeping with the legal maxim that ignorance of the law is harmful, it is better to be aware of the regulations in force, which give both privileges and obligations.

To avoid disputes of various kinds, all important matters should be put in writing in the agreement. In practice this means stating the personal data (only what is necessary!) of the parties to the agreement, the subject of the agreement, and the amount and deadline for paying the rent. Another important matter is the amount of the deposit, the rules for terminating the agreement, and the rights and obligations of the tenant as well as the owner. The agreement should always be drawn up in two copies, one for each party. Letting a flat is an excellent business nowadays – you just need to know how to protect yourself so that you gain rather than lose.

Important matters from the point of view of the owner of a rented flat

People who own flats and want to rent them out often worry that the tenant, despite not paying rent and despite termination or expiry of the agreement, will not want to leave the property. That is why, for such a case, it is best to have a notary draw up a declaration of voluntary submission to eviction (oświadczenie o dobrowolnym poddaniu się egzekucji). In this way the owner's interests are secured and he need not worry that he will be unable to get rid of a tenant who has no grounds for continuing to use the flat. Another option is occasional tenancy (najem okazjonalny), which specifies in advance the period for which the tenant moves into the flat and, most importantly, under which the tenant names a property where they will be able to live once the agreement ends. Such an annex to the agreement must also be drawn up in the form of a notarial deed (akt notarialny) and must include the signature of the owner of the property into which the tenant may move in the future. Renting a studio flat, or a larger flat or house, in this way is the safest form of tenancy.

Renting flats also involves the risk of damage. To cover this, the owner should collect a deposit from the tenant, the amount of which should be entered in the agreement. If no material loss occurs, the whole deposit is returned when the tenant moves out. During the term of the agreement the landlord also has the right to raise the rent. However, the notice period for the existing rent must be observed.

Obligations of the landlord

We have talked about the rights of the owner of the flat, but what are his obligations? The basic obligation is to hand over the flat in the condition agreed. In addition, it is essential to ensure that the wiring, plumbing and heating, as well as the appliances that come with the flat, are in working order. In the event of breakdowns that are not the tenant's fault, the tenant must report this to the owner, on whom the obligation to repair rests.

Estate agencies can help with finding a tenant and drawing up a suitable agreement.