The landlord's obligations
A lease is a relationship in which obligations rest on both parties. The landlord often focuses on rights, such as collecting rent or checking the condition of the flat, whereas the law and the contract also impose specific duties on them. Knowing these duties helps avoid disputes and tenant claims.
In this article we discuss the most important obligations of the owner: from handing over the premises in the appropriate condition, through repairs, to settlements and respecting the tenant's privacy. We also explain how to divide responsibility for defects between the parties.
- The landlord is obliged to hand over the premises in a condition suitable for the agreed use and to maintain it in that condition throughout the lease.
- As a rule, significant repairs and those resulting from normal wear and tear fall to the owner, while minor current repairs burden the tenant.
- The landlord settles the tax on income from the lease and should pay on time the amounts for which they are responsible to utility suppliers and the community.
- The owner should respect the tenant's peace of the home and not enter the premises without agreement, apart from emergency situations.
Handing over the premises in the appropriate condition
The landlord's basic obligation is to hand over the premises to the tenant in a condition suitable for the agreed use, that is, for living. This means functioning installations, safe fittings and conditions allowing normal use of the flat. If the premises have defects, the owner should remedy them or fairly inform about them before concluding the contract.
The condition at handover is best documented with a handover protocol and photos. Thanks to this, both parties have clarity as to the condition in which the flat was handed over, which makes later settlements easier.
Maintaining the premises and dividing repairs
Throughout the lease period the landlord is obliged to maintain the premises in a condition suitable for the agreed use. As a rule, the significant repairs and those resulting from normal wear and tear and defects rest on them, for example a failure of an installation, replacing a worn-out boiler or repairing the roof in a house.
The tenant, on the other hand, is responsible for the minor, current repairs connected with ordinary use, such as replacing light bulbs, seals or small fittings. It is worth clarifying this division in the contract in order to avoid misunderstandings when a defect arises.
Settlements and the tax on lease
The landlord is responsible for the timely settlement of the amounts they owe to the community or cooperative and to utility suppliers, if the contracts are concluded in their name. They should also transparently settle with the tenant the charges the tenant covers, for example advances for utilities based on consumption.
Income from lease is subject to taxation, and the owner is obliged to settle the tax in a chosen and permissible form. Keeping reliable records and retaining payment confirmations protects the landlord both towards the tenant and towards the tax authorities.
Respecting the tenant's privacy
Although the owner remains the holder of the premises, during the lease the right to use the flat belongs to the tenant. The landlord may not enter the premises whenever they wish. Visits, for example to check the condition or show the flat to further candidates, must be agreed in advance.
The exception is emergency situations, such as flooding or escaping gas, when immediate intervention is necessary. Apart from those, respecting the tenant's peace of the home is not only good practice but also an element of a proper lease relationship.
Responding to reports and failures
The landlord should respond to the tenant's reports concerning defects for which they are responsible. Delay in remedying a significant defect may justify the tenant's claims, and sometimes even a reduction of the rent for the period in which use of the premises was hindered.
Good practice is to set a clear channel for reporting problems and to promptly confirm their receipt. Efficient communication limits escalation and fosters a long-lasting, calm cooperation with the tenant, which is in the owner's interest.
Summary: the owner's obligations in practice
The landlord's obligations include handing over the premises in a condition suitable for living, maintaining it and carrying out significant repairs, reliable settlements and respecting the tenant's privacy. Clarifying the division of repairs in the contract, responding promptly to failures and transparently settling utilities help avoid conflicts. An owner who consciously fulfils their duties builds a stable lease and limits the risk of claims.
Frequently asked questions
Who pays for repairs in a rented flat?
Can the owner enter the rented flat without consent?
Must the landlord pay tax on the lease?
What are the consequences of failing to fulfil the landlord's obligations?
The RealtyTM editorial team prepares guides based on Polish market data and current regulations. Content is reviewed by our subject editors.
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