A quality lease agreement is very important

Why Not Rely on Online Templates?

A rental agreement is a key document that protects the rights and obligations of both the landlord and the tenant. However, many people underestimate its importance and use templates downloaded from the internet, which may be outdated, incomplete, or incorrectly prepared. So why is it important to have a well-prepared agreement, and what should it definitely include?

1. Legal Certainty and Contract Validity

Laws and regulations are constantly changing. An agreement that was valid a few years ago may contain provisions that are no longer in compliance with the current Civil Code. Using an outdated template can result in the invalidity of some provisions or even the entire agreement.

2. Protection of Landlord’s and Tenant’s Rights

A poorly drafted agreement can cause problems for both parties. For example, the landlord may not be able to effectively claim compensation for damages or evict a non-paying tenant. On the other hand, the tenant might face unreasonable demands that would not hold up legally.

3. Preventing Potential Disputes

Unclear or missing provisions can lead to conflicts between the landlord and the tenant. If the rules are not clearly defined in the document, it can result in ambiguous interpretations of the agreement, making it difficult to resolve potential issues.

Key Elements of a Rental Agreement

To ensure the quality and validity of the contract, it should contain the following points:

1. Identification of Contracting Parties

• Individuals: Name, surname, date of birth, and permanent address

• Legal Entities: Company name, ID number, and registered office

2. Precise Description of the Rental Property

• Address of the apartment/house

• Size and layout

• Accessories (e.g., cellar, garage, parking space)

3. Rental Amount and Payment Terms

• Amount of rent

• Due date

• Payment method (bank transfer, cash, etc.)

• Separately listed advances for utilities and services

4. Duration of the Lease

• Fixed-term or indefinite-term lease

• Conditions for contract extension

5. Rights and Obligations of Both Parties

• Responsibility for repairs and maintenance

• Possibility of subleasing

• Rules for property use (e.g., no smoking, no pets)

6. Security Deposit (Kauce)

• Amount of the deposit

• Conditions for its return

• Agreement that the deposit is not subject to interest (if legally and mutually agreed)

7. Termination Conditions

• Reasons that justify termination

• Notice periods

• Immediate termination in case of gross breach of the agreement

8. Insurance

• Requirement for tenant's household and liability insurance

• Landlord’s obligations in case of property damage

9. Handover Protocol

• Condition of the property at handover

• Inventory list

• Documentation of any existing defects

10. Dispute Resolution

• Preferred method of dispute resolution (e.g., mediation or arbitration)

• Jurisdiction of the court

Conclusion

Using a poor-quality template can lead to serious problems and financial losses. Every landlord and tenant should realize that a well-drafted agreement is an investment in legal certainty and a smooth rental relationship. Although a lawyer can prepare a customized agreement, this service can be costly.

That’s why we are here to help you draft a rental agreement that complies with current legislation and meets your specific needs. If you use our office services, a properly prepared contract is a standard part of our offer.