Who is right – the tenant or the landlord? What rights and obligations do both parties have? And is the assessment of the whiteness of the walls an exaggeration? – From a legal point of view, I must say: it depends – comments of lawyer Katarzyn Troyanovska-Janik, specialist in real estate law. However, he insists that landlords should be prepared for property damage.
A man walks around an empty apartment and illuminates the wall with a mobile phone flashlight. “He's looking for shades of white. He expects all the walls to be white after six months of rent,” the caption reads. Then a rude word is said about the “owners”, that is, the people who rent out the buildings.
At the end of October, this entry went viral on Twitter (now X) – it was viewed more than 2.5 million times. Many comments were from other people who had bad experiences with businesses.
“A guy came to my place with white gloves to check for dust and a UV light to look for water stains,” someone said. Another person said: “He wanted to take PLN 200 from my deposit, for a small torn carpet. “When handing over the apartment, (the owner) removed all the carpets and asked what the gap was between the panels and said that either we will put a new floor or the deposit money will not be returned,” added a third person. “It was not even visible at first glance, so imagine how he used a magnifying glass to examine every element of the apartment to find traces of use after two years of living” (original spelling everywhere – ed .).
But the “landlords” also have their reasons. A couple recently talked about it on Tik-Tok, showing the state of their apartment after renting: a kitchen that looked like someone had taken it directly on the counter, damaged furniture. Major renovations must be completed before anyone can move in again.
There are two people in the drama: the landlord and the tenant. The first is the owner of the house. The second is the person who rents the building. Their perspective is completely different.
If we look at the tenant from the point of view of the “landlord”, we see a person who disrespects the apartment and uses it carelessly to destroy it. From the tenant's point of view, the landlord is an exploiter who waits for someone else to repay the loan and then returns the apartment intact. And the truth is somewhere in the middle.
What is a deal?
And who is right? What rights and obligations do both parties have? And is the assessment of the whiteness of the walls an exaggeration? – From a legal point of view, I must say: it depends – explains lawyer Katarzyn Troyanovska-Janik, a specialist in real estate law, including in the field of renting residential and commercial buildings.
The answer depends on what the landlord and tenant agreed to when they signed the contract. For example, it may be agreed that the buildings must be repainted after the lease expires and that the walls cannot show any signs of use. Then the landlord has the right to force the apartment to be brought to a condition agreed upon by both parties. The situation is different if it is decided to include a provision on allowable wear and tear resulting from fair use. – Then it is pointless to check the wall or the floor with a flashlight, because the tenant is not responsible for such marks – explains the lawyer.
It all depends on the content of the contract, but also on its type. As the lawyer explains to us, certain issues are regulated differently by law depending on whether we are dealing with simple or casual/institutional tenancies. The latter type protects the homeowner better, for example, against squatters, but requires more formalities. Therefore, simple lease is more common.
So let's start with him. – in this case, the lessee's obligations regarding the repair, renovation and condition of the building are regulated by the provisions of the Law on the Protection of Tenants' Rights. And according to the content of this act, after the end of the lease term, the lessee is obliged to rebuild the building and replace the worn out equipment with new equipment, – explains Troyanovska-Janik. As he adds, based on the original text of the regulation, the building “cannot have traces of use”.
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The situation is different in the case of occasional hiring or institutions. – So the provisions of the Civil Code apply to the issues we are discussing. And here it is much easier, – emphasizes the lawyer. – According to the regulations, the lessee is obliged to return the building in an undamaged condition, but is not responsible for wear and tear as a result of proper use.
“Fair use” is a term that often appears in contracts. We'll come back to that in a moment.
The situation hasn't gotten worse, but… it might get worse
Regulations are regulations, but some things can also be agreed individually and mentioned in the contract. The principle of freedom of contract allows this. Thanks to this, the tenant and the tenant can work together before preparing the documents, for example, what the building should look like after the end of the lease, whether it needs to be repainted or, for example, cleaned by a professional company.
It is important to determine who will repair common faults, for example, who is responsible for replacing light bulbs, faucets, broken refrigerators, or clogged shower drains. Similarly, you can determine who is responsible for the maintenance of elements of the building that require special care: sanding the floor, oiling the baseboards or checking the air conditioning. Who will take care of it and who will bear the costs?
But there are also limitations to free organizing.
– The contract, for example, cannot violate the principles of social coexistence. That's why, for example, imposing on the tenant the obligation to repaint the walls of the building every 3 months is unacceptable – Troyanovska-Janik emphasizes.
Different leases and perspectives
Most leases include a provision that the tenant must return the premises in a non-deteriorating condition, but wear and tear due to fair/normal use is acceptable. – This means that the tenant can return the building in bad condition, – notes the lawyer. – The building may show traces of use, it should not be like new. However, the tenant must be able to show that these symptoms are caused by proper use.
And here the staircase begins.
What does “normal use” mean?
What does “wear and tear from normal use” really mean? As it turns out, not all are the same. – To be honest, I really don't like this term, – says attorney Troyanovska-Janik. – In my opinion, this only leads to controversy. This is because it is a very vague, non-specific and, worst of all, subjective term. The regulations do not list what is considered normal wear and tear and what is not. Of course, there are court decisions that you can learn from, but they are not binding, they are specific to a particular situation, and this is not the knowledge that ordinary tenants and landlords have.
Whether a building is “properly used” can be assessed differently by the tenant and the lessee. If the matter cannot be resolved amicably, the forensic expert and the court can also give their opinion. – Each of these people may have a different opinion, sense of “cleanliness”, order or aesthetics, – the lawyer notes. – In addition, tenants often move to buildings that have been used for many years and already have signs of use.
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Troyanovska-Janik is often asked what normal wear and tear is. Is scratching on the wall acceptable? And if so, how deep? What about scratches on furniture? Or dirt on the couch? Unfortunately, there is no simple answer to such questions. You can consider “proper use” as a hint. From this point of view, mud on the wall is normal, but a child's crayon drawing is not. After all, treating a wall like a “normal”, “correct” or “normal” canvas is not its use.
– the assessment of exceeding the correct use of the building is carried out on the basis of the principles of the average use of the building. It is tested how an ordinary person uses the building, – explains the lawyer. – the standard of the equipment, its condition and the purpose of the lease are taken into account. For example, service buildings where customers visit are more likely to suffer damage than residential buildings where a single person lives. A specific factor in determining whether the fair use has been exceeded is to examine whether the same rent can be obtained from the lease of the premises as before the commencement of the lease.
Different leases and perspectives
Apartments are damaged, this is a normal thing
We find an apartment and sign a contract quickly. We often do not read detailed notes. Problems arise when moving. Like the example of Jacek, who writes on Twitter: “My landlord did not return my deposit because after 7 years of living in the apartment (+4 years for others before me), the painted apartment is not as fresh as a new one. , and the stairs are a little worn “Wet in the shower without ventilation.”
According to Troyanovska-Janik, such disputes, among other things, stem from vague contracts that do not clearly state what the obligations of the landlord and tenant are and what the buildings should be after the end of the lease term. The better the contract is drafted, the better the chances of avoiding disputes.
Sometimes the lack of conversation is also a problem. – I always encourage you to discuss your requirements with the other party before signing the contract, – suggests the lawyer. – The owner must say exactly what he cares about. It happens that the contract only refers to the number of the article of the act or code, without mentioning their content. However, the tenant – mostly a student or a young person – does not check what is included in this regulation, does not read the contract carefully. Later, he is unpleasantly surprised, because according to the regulations, the tenant must repair, paint and repair the doors, windows and floors of the houses. And a conflict arises that could have been avoided if the parties had shown good will, discussed the contract before signing it and were precise.
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The handover and acceptance protocol is also very important along with the photos of the buildings taken on the day of handover. – This is the most important fact on the basis of which the condition of the building and the degree of damage or wear and tear are assessed, – notes Troyanovska-Janik. – Often these protocols are prepared by accident. Compiling the correct report is in the interest of every tenant, but unfortunately, tenants rarely think about it.
But there is another side of the coin. Landlords should not expect that nothing will change in their rental property. – It is important that landlords understand that when renting out a building, they agree that the tenant only lives in the building and therefore also uses the building's equipment. Every owner should be ready for such “expenses” and risk, he concludes.
Main image source: Shutterstock
