According to the data of the Gratka.pl portal, over 12,000 apartments for rent are currently available, of which as many as a third of which is in Warsaw. The average monthly rent is about PLN 70 per sq m, while in the capital the rates increase to about PLN 90 per sq m. These numbers show how important the sector of the real estate market is the apartment rental sector.
The process of renting an apartment is often a challenge for both owners and potential tenants. Real estate owners, usually emotionally connected with their property, want to give them to use only to trustworthy people who will use the premises in a responsible and rational way.
On the other hand, tenants strive to maintain privacy and the opportunity to adapt the space in which they intend to live for a long time, to their own preferences and needs. Therefore, the search for appropriate candidates for tenants is often a long -term process and requires many meetings and conversations.
Regardless of the nature of the relationship between the owner and the tenant – even if they are related or friends – the lease agreement is best made in writingafter prior agreement and acceptance of its content by both sides.
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Despite the best intentions, there may be unforeseen circumstances affecting mutual relations, and then a written and signed contract will be a basic reference point in the event of any misunderstandings.
At the stage of concluding the contract, it is also worth precisely determining the general rules for using the apartment, including issues regarding the presence of pets or the possibility of smoking in the premises.
Tenant's rights
The fundamental rights of the tenant include the possibility of free use of the subject of the lease. This means that The owner should not interfere in the use of the premises, provided that the tenant observes the home order and the provisions of the contract, Determining, for example, the purpose of real estate only for residential purposes, without the possibility of conducting business activity.
However, the most important duty of the tenant is timely payment of the rent, i.e. the fee of the premises set in the contract.
The tenant is also obliged to maintain an apartment and all rooms that he can use in an adequate technical condition. This includes the performance of the necessary minor repairs to maintain the right standard of real estate.
Article 6b of the Act on the protection of tenants' rights emphasizes that the tenant is obliged to take care of the part of the building intended for joint use, such as elevators, staircases, corridors, utility rooms and the building's surroundings, protecting them from damage or devastation.
Return of the premises “in an uncomfortable state”
After the end of the lease period, the tenant should return the property in an uncomfortable state, taking into account only traces of natural consumption. Therefore, it is important that Before transferring the premises of the tenant, the parties prepared a detailed protocol determining the technical condition and the degree of wear of the installations and devices contained in it.
If the rented apartment has flaws affecting its functionality, for example, installation failure or lack of heating, the tenant has the right to demand the reduction of rent until they are removed.
What's more, If the premises have disadvantages that threaten safety or prevent proper use, the tenant may terminate the lease Without the need to maintain the notice dates specified in the contract.
Deposit and its return
When concluding lease contracts, the landlords usually specify a deposit that the tenant must pay for any damage. After the lease is completed, the tenant has the right to return the deposit, of course, provided that it has not been used in whole or in part to satisfy the owner's claims.
In turn, the basic obligation of the Lessor is to transfer the property in a condition enabling residence. All defects or damage should be repaired before putting the premises to use.
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If they appear during the lease and are not caused by the fault of the tenant, the owner should efficiently remove them, restoring the full technical functionality of the premises. In the event that the failure arose due to the tenant as a result of incorrect operation, and he did not repair on his own, the owner should also carry out the necessary repairs, with He may charge the tenant with the costs incurred.
Can the owner control the apartment?
The landlord, of course, also has the right to control the condition of the apartment. However, for this purpose he must obtain the tenant's consent or inform him in advance about the intention of the visit. It is best to include this possibility in the contract, specifying, for example, the frequency of control or the method of setting their dates.
To properly account for all media, it is necessary to write before transferring the premises of the state of water, gas and electricity meters. The owner has the right to demand from the tenant of timely paying for the rent and paying bills for the utilities and other payments set out in the contract.
Termination of the lease agreement
In the event of a violation of the terms of the contract by the tenant, for example, by late payment of receivables or incorrect use of the apartment, the owner may terminate the contract with specific dates, and In the case of a gross violation of the provisions of the contract – even immediately.
The lease agreement should be prepared with due diligence and take into account all important details to effectively protect the laws and interests of both parties. Accurate knowledge of mutual rights and obligations is crucial to maintain good relationships and avoid potential conflicts. In the event of disputes, you can always use professional legal assistance to protect your interests and strive to solve problems amicable.
The material was created in cooperation with The Morizon Gratka group.
