The lawyer explained what should be included in the lease: disputes can also lead to court

Carefully hired

Delfi Būstas reader Andrius intends to rent an apartment, but has no questions about what the lease should be, what to remember to include, what responsibilities he takes on after renting the apartment, and who owns the apartment. The relationship between the tenant and the landlord is often accompanied by several disagreements, there are doubts about who is responsible for the failure of the appliances, the natural wear of the furniture and other equipment in the apartment. Lawyers point out that if oral agreements are not suitable for both parties, such matters should necessarily be included in the lease.

According to the lawyer Arūnas Bertulis, the basic rights and duties and responsibilities of a person are provided in the Civil Code and, furthermore, the parties can only discuss specific conditions of liability related to specific circumstances of ownership or lease. The parties could also discuss those conditions on which the party can decide by law itself, and if not discussed in the lease, the conditions provided in the Civil Code would apply.

‘For example, the law requires the landlord to make major repairs to the planned facilities and the tenant to the current one, but at the same time allows the parties to change or mix these conditions. Therefore, if the parties agree to the lease, the obligation to make major repairs may be with the lessee, or the landlord would be required to make major and current repairs, etc. ”The attorney emphasizes the importance of the lease.

The interlocutor goes on to say that it is essential that the parties also discuss the procedure to reimburse the costs for damage, repair or replacement of household appliances or other equipment in the home. This is very important when resolving disputes about contract performance or refund of deposit paid at the beginning of the lease.

‘In addition, for example, the landlord is required by law to provide the tenant with a copy of the bylaws or a copy of another document that sets forth the rules for maintenance, use, upkeep, and other rules for common areas, but the parties may agree otherwise. (for example, that the lessor will not fulfill this obligation), “says A. Bertulis.

Financial obligations must be included in the contract

During this period, income change problems may be particularly relevant to some residents. According to attorney A. Bertulis, the parties could agree to change the rent on the agreed terms, but not more than twice a year.

“If the parties do not discuss this issue, the general rule would be that the rent could not be changed if one of the parties objected. The parties could also change (limit) the landlord’s right to require the tenant to pay the rent in advance for a maximum of two consecutive payment periods in the event of a substantial breach of the terms of the lease payment ”, explains the lawyer.

The interlocutor adds that it is necessary to discuss the possibility and the conditions of subletting in the lease, otherwise, subletting would only be possible with the written consent of the lessor.

If the lease term is longer or indefinite, as well as if the review is done by the tenant, according to A. Bertulis, it is important that the landlord discuss the issue of reimbursement of the tenant’s costs to improve the leased object with the permission of the lessor. In his absence, the general rule would be that all costs would be reimbursed.

“It should be noted that when negotiating additional terms of a lease, you must follow the basic rules that prohibit the landlord from unilaterally modifying the terms of the lease. Also, if the tenant does not pay the rent for a period, ask the tenant to pay rent immediately throughout the term of the lease. And to establish a greater tenant liability than the actual amount of damage caused to the landlord or to determine the tenant’s liability without fault, “says the interlocutor.

When the tenant pays

One of the most pressing issues for both landlords and tenants is liability for items damaged or broken during the lease. According to lawyer A. Bertulis, the general principle established by law is that in these cases, if the lessee deteriorates the leased, he must compensate the lessor for the losses caused by the deterioration, unless he shows that the thing deteriorated due to causes. oblivious to yours.

“The deterioration of a leased article specified in the law means a decrease in the value of the article or the loss of a part of the functionality of the article, as a result of which the subsequent use of the article for its intended purpose loses its economic value before of deterioration. However, if the condition of the item deteriorates due to its natural wear or its normal use in accordance with the terms of the lease, the lessee is not obliged to compensate the lessor, unless the contract stipulates otherwise, “he explains lawyer. not only to list but also to really verify the operation of the equipment. During the lease, the tenant must immediately record the failure and notify the landlord, and at the end of the lease, as well as verify the operation of the equipment so that it does not arise later.

Since the landlord transfers and actually rents not only the property itself, but also the items it contains, according to A. Bertulis, the actual repair of these items, unless the parties agree otherwise, is the responsibility of the tenant, and the capital is the lessor, p. In this case, the bulbs must be replaced by the tenant and the worn electrical installation by the landlord.

“Repairing failures in pipes, sewage, or other engineering systems is generally the landlord’s concern and responsibility if these failures are not the fault of the tenant (for example, an accidentally perforated pipeline),” emphasizes the attorney.

Discourages litigation

While it appears that the lease should save the tenant and landlord from conflict, this is unfortunately not always the key to consensus. However, even in the case of major disputes, according to A. Bertulis, the judicial way of solving them is not the best, because it requires a lot of time and money.

“Therefore, to resolve these issues in a simpler and faster way in the future, a more detailed agreement and a description of their removal and reimbursement in the lease is needed. However, if this is not discussed in detail in the lease or the dispute is likely to arise. ” to gather as much evidence as possible about the judgment (damage) itself, so that when he moves to court, the party can prove his truth, ”says the lawyer.

He goes on to say that the obligation to return the leased item rests with the lessee, so it is the lessee who will have to demonstrate that the leased item was returned in the condition in which it was delivered (that is, without damage).

“If the landlord avoids accepting the item, for example, by refusing to sign the transfer deed, the tenant will have the burden of proving that the condition has not been returned, but only to demonstrate that the owner avoided accepting the transfer.” the risk of losing the opportunity to pay him damages, “explains the lawyer.