Read before you sign. A “light” should come on when these provisions are included in the lease agreement.

The lease agreement specifies the rent, rules for using the apartment and the obligations of the tenant and owner. However, the freedom to construct it has limits. The provisions cannot bypass the mandatory provisions of the Civil Code and the Act on the Protection of Tenants’ Rights. One defective point does not usually invalidate the entire contract. Most often, a specific provision is invalid or non-binding, and the rest of the document remains in force. When the owner acts as an entrepreneur and the tenant is a consumer, the provisions on prohibited clauses may also apply.

Non-refundable deposit? The owner cannot keep it for no reason

In a regular lease, the deposit cannot exceed twelve times the monthly rent. For occasional and institutional rentals, the limit is six times the rent.

The deposit secures the owner’s liabilities, including unpaid rent or damage costs incurred by the tenant. The provision that it is non-refundable regardless of the condition of the apartment and the settlement should arouse suspicion. After deducting reasonable charges, the money must be returned within one month of the premises being vacated.

Rental agreement. The rent cannot increase overnight

A clause that allows the landlord to immediately and arbitrarily increase the rent is dangerous. An increase requires written notice of the current rate. The deadline is three months, unless the apartment lease agreement provides for a longer period.

Rent and owner-dependent fees cannot be increased more than once every six months. In certain cases, the tenant may request justification and calculation of the increase and challenge it in court.

Terminating the contract immediately is not always effective

The owner cannot stipulate that he will terminate the apartment lease at any time and without reason. The notice must be based on statutory grounds, must be in writing and indicate the reason.

An example is arrears for at least three full payment periods. The owner must notify the tenant in writing and give him an additional month to repay the loan. The basis may also be gross or persistent violation of order despite a warning or subletting the premises without the required consent.

What to do with a suspicious clause in a lease agreement

Before signing, it is worth asking for a change to the provision and keeping the correspondence. Once a dispute is ongoing, you should not withhold rent yourself or ignore the landlord’s letters. You can seek help from a lawyer, consumer ombudsman or at a free legal aid point. The assessment depends on the type of lease and the full content of the contract.