Services in a Lease Agreement – Who Provides What and How to Arrange It
When renting a flat, services are a frequent source of disputes between tenants and landlords. By services, we usually mean heating, water supply, waste removal, cleaning of common areas, or elevator operation. However, disputes do not arise only from the amounts billed, but also from the very question – who is responsible for ensuring and paying for them.
This article is part of the large guide to lease agreements, where you can find more practical topics related to renting apartments, houses, and commercial spaces: read more
The Basic Rule from the Law
Under the Civil Code, the landlord ensures the services necessary for the proper use of the flat, unless agreed otherwise. This means that if the lease agreement does not explicitly state that a particular service is to be provided and paid for by the tenant, it is the landlord who must ensure it. In practice, this often surprises landlords who assumed the tenant would arrange certain services themselves.
For example, if the contract does not clearly state that the tenant will arrange internet service in their own name, and it is essential for proper use of the flat (e.g., for remote work), disputes may arise over whether the landlord must provide it. The same applies to regular cleaning of common areas, lighting of the entrance hall, or the collection and removal of municipal waste.
What Should Be in the Lease Agreement
To avoid unnecessary arguments, it is essential to list all services in the lease agreement and specify:
Who will provide the service.
Who will pay for it and how (e.g., as an advance payment with settlement once a year).
Whether the tenant will arrange it in their own name (e.g., electricity, gas) or whether the landlord will handle it and recharge the costs.
A clear list of services prevents misunderstandings such as “I thought it was included in the rent” versus “I thought you would arrange it yourself.”
Advances and Settlements
Most services are billed on the basis of advance payments. The landlord collects these from the tenant and settles them once a year according to actual consumption and costs. The settlement must be transparent, supported by invoices from suppliers, and sent to the tenant within 4 months of the end of the billing period.
Risks of Omitted Services in the Contract
If the lease agreement does not specify a service and it is essential for proper use of the flat, the responsibility lies with the landlord. This can lead to unexpected costs – for example, the landlord may have to pay for heating, even if they assumed the tenant would arrange and pay for it.
Don’t leave your lease agreements vulnerable to vague terms. One unclear sentence about services can cost you thousands. As an attorney, I can draft or review your lease to ensure that every responsibility and payment is clearly assigned. You will avoid disputes, unexpected expenses, and protect your property’s value. Contact me today – online, quickly, and for a fixed price.
Contact a legal professional – I specialize in contract law.
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Services in a Lease Agreement – Who Provides What and How to Arrange It
Print When renting a flat, services are a frequent source of disputes between tenants and landlords. By services, we usually mean heating, water supply, waste