Rights of landlords and tenants
Most disputes between landlords and tenants arise because neither side knows their legal rights.
Landlord duties
- Draw up a safe, lawful tenancy agreement
- Keep track of rent and monthly income
- Meet financial obligations (tax, service charges, insurance)
- Be reachable for the tenant
- Maintain the property's value; major repairs are the landlord's responsibility (TCO art. 301)
Tenant rights and duties
- Right to receive the property in the agreed, defect-free condition
- Use the property with care and respect neighbours
- Minor cleaning and upkeep for normal use are borne by the tenant (TCO art. 317)
- Report defects to the landlord without delay
Good to know
- Rent increases: For residential and covered commercial lets, increases may not exceed the 12-month average CPI of the previous rental year (TCO art. 344).
- Deposit: May not exceed three months' rent (TCO art. 342).
- Termination: The landlord can only terminate for statutory reasons or at the end of the ten-year extension period (TCO art. 347, 350–352).
- Handover report: A photo report at move-in and move-out prevents deposit disputes.
This page is general information, not legal advice. Laws change; for your specific case please contact us or a lawyer.