How to protect a tenant's rights in a dispute

Building management issues, an unexpected demand to vacate, or the withholding of a security deposit can quickly create the feeling that a tenant has no control over the situation. In reality, the question of how to protect a tenant's rights usually arises much earlier: in the tenancy agreement, in written communications, and in whether problems are addressed in a timely manner. Acting with clarity does not mean adopting a confrontational attitude. It means that your position is provable and that there is a firm basis for reaching a resolution.

How to protect a tenant's rights from the moment the agreement is signed

A tenancy relationship is not based solely on trust or verbal agreement. Even when the parties know each other or the rental property is found through an acquaintance, it is worth formalising the agreement in writing. The agreement should answer a simple question: what is the tenant paying for, and what obligations does each party assume?

Check that the agreement clearly states the address of the dwelling, the rent amount, the arrangement for payment of ancillary costs, the payment due date, the duration of the agreement, the amount of the security deposit, and the terms for termination. Vague wording — such as "utilities as needed" — can give rise to a dispute later. It is sensible to agree on which expense documents the tenant will see and how the calculation of ancillary costs will be accounted for.

When handing over the property, draw up a handover-acceptance report. Record the furniture, household appliances, keys, meter readings, and any existing damage. Photographs and brief video footage are often just as important as the report itself. If there is moisture damage in the bathroom or a dent in the refrigerator before moving in, this must be recorded immediately. Later, the tenant will need to prove not only that a defect existed, but also that it did not arise from their use of the property.

A security deposit is not the landlord's additional income, nor is it automatic compensation for the ordinary wear and tear of a property. Its purpose is to cover justified claims arising from an actual breach by the tenant — for example, unpaid rent or damage caused by the tenant. When renting a dwelling, the law limits the amount of the security deposit. If a dispute arises over the withholding of funds, the landlord must be able to explain against which claim and in what amount the deposit is being applied.

A defect in the property: notify promptly and leave a record

The landlord must ensure that the dwelling can be used for the agreed purpose. If the heating is not working, water is dripping from the ceiling, the electrical system is hazardous, or mould is spreading through the property, this is not merely an inconvenience. Depending on the circumstances, this may constitute a defect whose rectification the tenant is entitled to demand.

The first step is a written notice. Describe the defect as specifically as possible: what occurred, when it appeared, which room it affects, and how it is impeding everyday use. Attach photographs, videos, or, for example, temperature readings. Do not limit yourself to a telephone call, as it may later be difficult to prove when the landlord was notified and what their response was.

In the notice, it is worth requesting that the defect be remedied within a reasonable period of time. What constitutes a reasonable period depends on the nature of the problem. A broken exterior door, a water leak, or the absence of heating in cold weather requires a prompt response. A cosmetic defect may allow for a longer timeframe. In the event of an emergency, reasonable measures to limit damage must be taken immediately, and it may also be necessary to contact the building manager or the emergency services.

In the case of a defect, the tenant may be entitled to demand a reduction in rent for the period during which the use of the dwelling was restricted. However, unilaterally withholding rent entirely is a risky course of action. The extent of any rent reduction depends on the severity of the defect and its impact on habitation. A kitchen being unusable for a few days is not the same situation as the entire property being uninhabitable. Before reducing payments, the circumstances must be assessed and the landlord must be notified of your position in writing.

A landlord may not enter the property at will

The property is the tenant's home. The landlord may have a legitimate need to inspect the dwelling, carry out repairs, or show the property to a prospective tenant, but this must be done in coordination with the tenant and at a reasonable time. Entering without notice, opening the door with a spare key, or conducting frequent inspections is not part of a normal tenancy relationship.

Exceptions may apply in emergency situations — for example, a water leak, risk of fire, or another situation requiring immediate intervention. Even then, the tenant should be notified where possible. If the landlord's conduct repeatedly disturbs the peace of the home, retain the messages and record the incidents by date. If necessary, you may demand that all future communications and arrangements for access to the property be made in writing.

The same principle applies to the tenant's personal data and belongings. The landlord is not entitled to take possession of the tenant's property, change the locks, or unilaterally cut off essential services in order to compel the tenant to pay a debt or vacate the property. A debt claim and the question of possession of the dwelling must be resolved through lawful means.

A rent increase and termination of the agreement require a legal basis

A rent increase is not simply a notification that a higher amount is due from the following month. First, review what the agreement states regarding changes to the rent. In the case of an open-ended residential tenancy agreement, the statutory requirements must be observed, and the tenant may be entitled to contest a rent increase if it is not justified or is unreasonably large. In the case of a fixed-term agreement, much depends on whether and how a change in rent has been agreed upon in the contract.

Likewise, a termination does not become effective merely because the landlord sends a message saying "vacate by the end of the month." Different rules apply to the termination of open-ended and fixed-term agreements. In some cases, an agreement may be terminated on ordinary grounds; in other cases, a valid reason and a proper statement of grounds are required. It is particularly important to verify whether the notice of termination has been submitted in writing, whether it contains the necessary grounds, and whether the prescribed time limits have been observed.

If a tenant receives a notice of termination, it should neither be ignored nor responded to purely on an emotional basis. Retain the notice, the agreement, proof of payments, and prior correspondence. Respond in writing if you do not accept the grounds for termination. In some situations, a prompt response is of critical importance, as the law may prescribe a time limit for contesting the termination or raising objections.

A dispute is resolved on the basis of evidence, not assumptions

Many tenancy disputes reach an impasse because both parties believe they are in the right, yet the arrangements cannot be proven. For this reason, it is worth keeping the agreement and its annexes, the handover report, photographs, invoices, payment confirmations, emails, and messages all in one place. If you communicate by telephone, send a brief confirmatory email after the call: "I confirm that we agreed on a plumber visiting on 14 May." This creates a clear timeline.

Before initiating formal proceedings, it is often advisable to submit a reasoned written claim. This should clearly state what you are seeking — for example, the return of the security deposit, rectification of a defect, reimbursement of an overpaid amount, or withdrawal of the notice of termination. Include the relevant circumstances, supporting evidence, and a reasonable deadline for a response. Offensive reproaches do not strengthen a claim; specific facts do.

If no agreement is reached, it may be possible, depending on the location of the dwelling and the nature of the dispute, to apply to a rent committee or to bring the matter before a court. The appropriate procedure depends on the claim, the agreement, and the evidence available. Sometimes the most practical solution is a settlement — for example, a clear moving-out date combined with partial return of the security deposit. In other cases, the claim must be pursued to its conclusion, as a compromise would mean relinquishing something without justification.

When it is worth seeking legal assistance

Legal advice is particularly necessary when a dispute concerns a significant sum of money, termination of a tenancy, defects in a dwelling, a damages claim, or the withholding of a security deposit. It is also necessary when you have received a formal claim, documents relating to expedited payment order proceedings, or a court summons. These documents must be responded to substantively and within the prescribed time limit.

A lawyer does not need to become involved only at the court stage. In many cases, a review of the agreement, a properly drafted letter of claim, or a position paper prepared for negotiations is sufficient to prevent a dispute from dragging on. Eurocity Law Office will listen to your situation, explain the options in plain terms, and help you draw up a practical plan of action — whether the objective is a settlement, the submission of a claim, or representation in proceedings.

Protecting a tenant's rights begins with calm and considered action: do not leave important agreements verbal, do not destroy evidence, and do not make decisions about payments or vacating solely under pressure. If the situation seems unclear, seek advice before a single message or deadline becomes a costly problem.