Rental flat after a flood: duties of the landlord and the tenant
As a rule, a rental flat after a flood is repaired by the landlord. The landlord is responsible for the condition of the property for the entire term of the lease, full stop. And what if the flat cannot be used? Then the tenant can demand a rent reduction and, in certain situations, terminate the lease without notice. After the September flood in south-western Poland, many tenants moved in with family and are now asking whether they have to pay for October. Below, step by step: what to do in the first days, who is responsible for what, how to settle the rent and what happens with the tenant’s damaged belongings.
Flooded flat - is the tenant or the landlord responsible for repairs?
The landlord. Flood damage in the flat is repaired by the landlord, who has to keep the property in a condition fit for the agreed use throughout the lease. This is set out in Article 662 § 1, which you will find in the consolidated text of the Polish Civil Code. Neither party caused the flood, so charging the tenant for the renovation is out of the question. It is a different matter when the tenant caused the damage - a good example is a tenant flooding a neighbour.
But the tenant has a duty too: to notify the landlord without delay that repairs are needed. That is Article 666 § 2 of the same act. And it also applies to a person who has already moved out, because they usually know more about the condition of the flat than a landlord living in another town.
What to do in the first days after the water recedes?
Safety first. Then documentation, the insurance claim, and only at the very end the clean-up. Why this order? Because it protects your health and, along the way, secures the evidence that the insurer and both parties to the lease will need.
- Check whether it is safe to enter the building. Electricity, gas and the structure are a matter for the emergency services or the building manager, not the residents.
- Take photos and videos of every room before you carry anything out.
- Report the damage to the insurer and ask whether you may start cleaning up before the inspection.
- Draw up a joint report on the condition of the flat, with both the landlord and the tenant taking part.
- Start drying the flat once the documentation is complete.
What should the photos show? The water level on the walls, the floors, the installations and the appliances. Every file must be dated. It is better not to throw damaged items away straight away, let them wait for the loss adjuster’s inspection (I know it is tempting to get rid of it all as fast as possible). A report signed by both parties will later be the basis for settling the rent and the deposit. In Tenanto, the tenant reports the damage in the tenant panel, the photos go to the repairs board as attachments, and the report can be stored in the property’s documents.
Rental flat after a flood - the split of duties in a table
In short: the landlord is responsible for the flat and its installations, the tenant for their own belongings, for keeping the landlord informed and for cooperating during the repairs. The table below breaks this down into specific tasks.
| Landlord | Tenant |
|---|---|
| Drying and renovating walls, floors and installations | Notifying the landlord of the damage |
| Repairing or replacing the furnishings that belong to the landlord | Giving access to the flat for inspections and works |
| Filing a claim under their own policy | Securing and removing their own belongings |
| Contact with the building manager | Filing a claim under their own policy |
The lease can specify who carries out minor repairs. It does not, however, shift the rebuilding of a flat after a natural disaster onto the tenant. Show any unusual clauses to a lawyer before either party starts relying on them. And one more thing: once the drying is finished, keep an eye on the walls. Damp likes to come back, and that is when you get mould in a rented flat.
Does the tenant pay rent for a flooded flat?
For the period in which defects limit the usability of the flat, the tenant can demand an appropriate rent reduction. The basis is Article 664 § 1 of the Civil Code. And when the flat cannot be used at all? In practice this means a conversation about an October payment close to zero. You will not find any rates in the provision. The scale of the reduction depends on how far the use of the flat has been limited. The general rules are covered in our article on how a rent reduction for defects works.
Utilities and the advance payments to the housing community or cooperative are a separate topic. They are charged whether or not anyone lives in the flat. Agree in writing who covers them while the flat is unoccupied. In my view, the best option for the landlord is a written agreement or an annex for the duration of the renovation, with a date set for reviewing the arrangements. One document instead of a dispute over every following month.
Flood and the lease agreement - when can it be terminated?
The tenant can terminate the lease without notice when defects make the use provided for in the agreement impossible and, despite notification, they have not been removed within an appropriate time or cannot be removed at all. This is what Article 664 § 2 says. There is also a second basis, Article 682: defects that threaten the health of the tenant or the members of their household allow them to leave the agreement immediately. Even if the tenant knew about them when signing it.
What does this mean for the landlord? A realistic schedule for drying and renovation, shared with the tenants, lowers the risk of losing the lease. People who know when they can return are less likely to look for another place. If the building has been completely destroyed and the question arises whether the lease has expired - that is a matter for a lawyer. And when the lease ends, draw up a handover report and settle the deposit on the basis of the documentation gathered after the water receded.
The tenant’s belongings and help after a flood
The tenant’s damaged furniture, equipment and clothes are covered by the tenant’s own policy. Not by the landlord’s insurance. As a rule, the landlord’s policy covers the flat and the property that belongs to the landlord. For the claim, the tenant should prepare:
- a list of the damaged items,
- photos taken before the clean-up,
- proofs of purchase, if they survived.
Ask about state aid for flood victims at the municipal office and the social welfare centre. It does not matter whether you are the owner or the tenant. For a rental flat after a flood, start by listing the damage, and agree the rent and the repair deadline in writing.
Frequently asked questions
Under the Civil Code, the tenant’s rights in this situation are a rent reduction and termination of the lease. The rest, including a place to stay during the works, depends on the wording of the lease and what the parties agree. Not sure? Ask a lawyer.
First they should notify the landlord and agree the scope of the works with them in writing. Deductions made unilaterally, without an agreement, usually end in a dispute over whether the expense was necessary and justified. The landlord’s written consent solves this problem in advance.
There is no fixed deadline in the law, it only refers to an appropriate time. What counts is the scale of the damage and the availability of contractors, and those are hard to find after a flood. That is why it is best to agree the schedule of works with the tenant in writing.
