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Apartment rental agreement – tenant's rights and obligations

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Boiko Kateryna
Lawyer
Poland / Warsaw
Boiko Kateryna

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Publication date: 30.01.2026

When signing a housing rental agreement, every tenant should clearly understand their legal rights and obligations. A properly drafted contract protects both the tenant and the landlord, reduces the risk of disputes, and ensures legal security throughout the rental period. 

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Lack of knowledge about tenant rights and obligations often leads to financial losses, unfavorable contract clauses, or conflicts related to deposits and termination terms. Our lawyer provides professional support by reviewing contracts, identifying legal risks, and ensuring compliance with applicable regulations. 

 

Tenant rights — what does the law guarantee? 

Tenant rights for apartments are regulated by civil law and contractual provisions. The most important rights include: 

  • the right to use the apartment according to its intended purpose; 
  • the right to safe and habitable living conditions; 
  • the right to request repairs and maintenance; 
  • the right to privacy and peaceful enjoyment of the property; 
  • the right to terminate the agreement under contractually defined conditions. 

Tenants have the right to receive the apartment in proper technical condition and use it without unjustified interference from the landlord. 

 

Tenant obligations — what must be fulfilled? 

Tenant obligations for apartments arise from both statutory law and the rental agreement. The main responsibilities include: 

  • timely payment of rent and utility charges (tenant obligations civil code, tenant obligations law); 
  • proper care of the apartment; 
  • compliance with building regulations and community rules; 
  • notifying the landlord about technical defects; 
  • using the property according to its intended function. 

Failure to comply with obligations of an apartment tenant may result in penalties, contract termination, or financial liability. 

 

Tenant and landlord obligations — shared responsibility 

Understanding tenant and landlord obligations helps maintain balance and avoid conflicts. The landlord is responsible for: 

  • providing the apartment in habitable condition; 
  • ensuring the functionality of installations and utilities; 
  • respecting the tenant’s right to use the property; 
  • performing major repairs and maintenance. 

Clear division of responsibilities ensures transparency and legal protection for both parties. 

 

Types of rental agreements — which one should you choose?

Several forms of rental agreements are commonly used: 

  • Apartment rental agreement. The standard contract defining rent amount, rental period, and mutual rights and obligations. 
  • Apartment rental reservation agreement. Allows tenants to reserve the property before signing the final rental agreement and guarantees the right to conclude the contract later. 
  • Notarized apartment rental agreement. A notary rental agreement of may be required for long-term rentals or when higher legal security is needed. Notarial certification strengthens enforceability and legal protection. 

Our lawyer helps select the most appropriate contract form based on individual circumstances. 

 

Common mistakes made by tenants 

Typical problems arise due to: 

  1. signing contracts without reviewing clauses; 
  2. lack of handover inspection reports; 
  3. unclear deposit conditions; 
  4. missing termination deadlines; 
  5. relying on verbal agreements without written confirmation. 

These mistakes often result in disputes and financial losses. 

 

Why should you use legal assistance? 

Professional legal support significantly reduces risk. Our lawyer: 

  1. reviews the housing rental agreement before signing; 
  2. explains tenant rights and obligations; 
  3. prepares apartment rental reservation agreements; 
  4. supports notarization procedures; 
  5. assists in disputes between tenants and landlords. 

This ensures legal safety and contractual transparency. 

 

Role of Consultant Legal Marketplace 

Consultant Legal Marketplace helps tenants find verified legal professionals specializing in housing and civil law. The platform provides fast access to consultations, document reviews, and professional legal support. 

 

Conclusion

Understanding tenant rights and obligations and carefully analyzing the housing rental agreement are essential for safe and stable renting. A well-prepared contract and professional legal assistance help prevent conflicts, protect financial interests, and ensure long-term housing security. 

Planning to sign a housing rental agreement? Contact Consultant Legal Marketplace today and receive professional contract review and legal consultation.

 

FAQ — Frequently asked questions

Question

Is a written rental agreement mandatory?

Answer

Yes, a written contract protects both parties and ensures legal clarity.

Question

Can a rental agreement be terminated early?

Answer

Yes, under the conditions specified in the contract and applicable law.

Question

Is notarization always required?

Answer

No, but a notarized apartment rental agreement provides stronger legal protection.

Question

Who is responsible for repairs?

Answer

Minor maintenance — tenant, major repairs — landlord.

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