Renting an apartment is a process in which many disputes can arise. Resolving them is an art - especially since both the owner and the tenant can approach them emotionally. Often, these conflicts come down to two opposing opinions or positions. In such a situation, reaching the truth is very difficult. The two arguing parties can exaggerate, deceive, or think about the problem differently. How can you defend yourself in a similar situation? How can you collect evidence in the event of disputes?
Verify your tenants - not only with Rendin
Rendin allows you to easily check if potential tenants do not have any outstanding debts. However, there are other methods of verification you can conduct. Of course, meeting a potential tenant and collecting data is one thing, but it is also worth meeting with tenants during the lease. Of course, at a previously agreed date and not very often - this can disturb the tenant's peace.
What and how to check? First of all, look at the state of the apartment - not necessarily with the eye of an evaluator. Maybe it is also worth actively taking the initiative to change some worn-out elements, or with tips on how to use some equipment (e.g. washing machine)? Checking may occur "incidentally".
We change the rental industry
In Poland, the rental laws favor the tenants, even in cases of fraud. At Rendin, we champion fairness for both parties! Our solution supports equitable rental relationships by providing landlords with:
Professional legal aid whenever they need it
Rent payment guarantee
Property damage reimbursement
We envision modern property renting as simple, accessible, and, most of all, secure for both landlords and tenants.
Evidence - how to collect it?
In Polish civil law, the burden of proof belongs to the person who wants to reach legal effects. Usually, it is the person who brought the case to court. Of course, taking legal action in the event of problems with the lease is the last resort, but collecting evidence is quite important if you want to avoid the situation we have already mentioned - when your word will be the only argument.
At Rendin, one of the most important documents we use when paying benefits is the protocol - handover and acceptance of the premises (sometimes also called the handover and acceptance protocol). This document describes the condition of the premises at the moment the tenant moves in - and when he leaves. There is nothing to prevent you from creating such a document yourself.
What should the protocol contain?
The protocol is a document that is supposed to describe the condition of the apartment at the time the tenant entered it. First of all, it should be accurate. It should describe all the rooms and their equipment - including their condition. For example, a description of a microwave oven might look like this:
White microwave oven (make and model) - minor scratches on the top cover of the housing.
It is a good idea to attach photographic documentation to such a description, showing the wear and tear of the item. Such a report will be the longest in the sections describing the kitchen and bathroom (because that is where most household appliances are located). In other rooms, it is also worth describing the condition of the floors, skirting boards, sofas, beds or window frames. The document should also include information about the readings of water or electricity meters.
When prepared, the report should be signed by the tenant. They can also add their comments to it - after all, they may see something that the landlord did not notice, especially if the apartment is not rented for the first time.
On the day the tenant moves out (or right after it), you create a second report - preferably together with an independent witness (this can be either someone helping you with the lease - a lawyer or an agent, but on the other hand also a neighbour or friend). You include all the damage, changes in condition, or wear and tear of the equipment and furnishings. In this case, you can also include photos and video. This second protocol is a documentation of the change in the apartment during the lease.
What else to do?
If the tenant is problematic, it is important to write down all communication, or even the payment history. This is evidence of the tenant's unreliability, and sometimes also their aggressive behavior, or outright admission of fraud.
Do not record conversations! Recordings made without the consent of both parties will not be evidence in the case. Try to have all communication in written form.
During visits to the premises, you can also take photos - especially if you notice a defect and the tenant undertakes to remove it. In such a case, it is also beneficial to create a document with proposed dates and solutions.
Communication, communication, communication
Our experience with Rendin is that most tenant problems can be solved with communication and the right approach to the tenant. In many cases, it doesn't occur to them that something might be a problem for the landlord. They simply have different standards or expectations - whether about cleaning or who is responsible for repairing the equipment.
Above all, it's worth presenting your arguments directly and saying what you don't like - if you notice any damage, wear and tear, or recurring situations, it may be worth finding out what caused them and why they occurred. Maybe you can find a solution together?
Sometimes it can be difficult, but when talking to tenants, you need to remain calm and professional. A calm, unemotional approach focused on solving problems allows you to understand the other side and work out a solution together. In the case of renting through Rendin, if you know that it's hard for you to stay calm, you can always contact our customer service office - we will talk to the tenants and find out where the problems lie! On the other hand, professionalism also requires being fair to the tenant - if they approach us with a request - let's respond as quickly as possible and as best we can!
Court is the last resort
Of course, big problems with tenants can also arise - and the case can end in the courtroom. However, this is the last resort - it is known that a meeting with tenants in court will take a long time and may bring poor results. That is why it is worth acting in other ways first - and resolving disputes - meanwhile, collecting documentation regarding the problems.