Tenancy Rights: What You Must Do, What You Are Allowed to Do, and What the Landlord Can Never Demand – Chapter 12 of the Land Code in Practice

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Short answer

The Tenancy Act – Chapter 12 of the Land Code – is mandatory to your benefit: contract terms that are worse for you than the law are without effect (Section 1 d). Your obligations: pay the rent no later than the last weekday before the end of the month (Section 20), maintain the apartment and report damages (Section 24), do not disturb or compromise order and security (Section 25), monitor household and guests (Section 25 b), do not sublet without consent (Section 39), do not accommodate more people than the landlord can reasonably accept (Section 41), and allow the landlord access for necessary inspections and urgent work (Section 26). Your rights: security of tenure (Section 46), an apartment in usable condition with ongoing maintenance (Sections 9, 15), remedial orders and rent reduction in case of deficiencies (Sections 11, 16), the right to paint and wallpaper (Section 24 a), transfer to spouse or cohabitant (Sections 33, 47), exchange apartment (Section 35), reasonable rent assessed against the utility value (Section 55), deposit disputed rent (Section 21), and always terminate with three months' notice period (Section 5).

The Tenancy Act is written because the tenant is the weaker party. This is evident in the structure: your obligations are few and concrete, the landlord's are many and mandatory. Contracts stating otherwise are generally invalid in that part. This guide is the map of the room – obligations, rights, and the conditions you don't need to worry about – so you know where you stand before the landlord comes with a paper. When the paper has already arrived: when it creaks.

What you must

Obligations – and where the boundary lies

Pay the rent on time (Section 20): no later than the last weekday before the month the rent pertains to, unless otherwise agreed. Payment via bank is counted when the bank received the assignment. More than a week's delay is grounds for forfeiture (Section 42, first paragraph 1) – but recovery is possible, see termination.
Maintain the apartment and report damages (Section 24): you are responsible for damage caused by you, your household, guests, or craftsmen through negligence. Normal wear and tear is not damage. If you discover damage that must be addressed quickly – water leak, pests – you must immediately notify the landlord; otherwise, you are responsible for the consequences.
Do not neglect proper conduct (Section 25, first paragraph): you must ensure that safety, health, order, and good condition within the property are not compromised. Trash in the stairwell, dangerous behavior, storage of flammable materials.
Do not disturb the neighbors (Section 25, second paragraph): disturbances that can harm health or otherwise degrade the living environment so that they should not reasonably be tolerated. Normal living noises – children, footsteps, TV at a reasonable volume, an occasional party – should be tolerated. Repeated loud noises at night, threats, fights in the stairwell should not. Since 2024, crimes that degrade the local environment are equated with disturbances (third paragraph).
Supervise household and guests (Section 25 b): you are responsible for those you let in.
Use the apartment for residence and nothing else (Section 23).
Do not sublet without consent or permission (Sections 39–40) and do not accommodate outsiders to an extent the landlord does not reasonably need to accept (Section 41). Read subletting and lodgers.
Allow the landlord access for necessary inspections and work that cannot wait, without delay, and for less urgent improvement work after one month's notice (Section 26). From July 2, 2026, the landlord can obtain assistance from the Enforcement Authority if you refuse.
Do not bring in items with pests (Section 25 c) and report pests immediately (Section 42, first paragraph 8).

What you get

Rights – with paragraph

Stay on when the agreement expires (Section 46). The landlord must have one of the legal exceptions and take the dispute to the rent tribunal. Read security of tenure.
An apartment in fully usable condition upon moving in (Section 9) and maintenance at reasonable intervals – wallpapering, painting, customary repairs – during the rental period (Section 15).
Remedial order from the rent tribunal, with a penalty, when the landlord does not address deficiencies (Sections 11 and 16), rent reduction for the time the deficiency persists and damages if the landlord has been negligent. Read deficiency in the apartment.
Paint, wallpaper, and perform comparable actions at your own expense (Section 24 a). The landlord can only demand compensation if the utility value has decreased – that is, if it is done unprofessionally or extremely poorly.
Transfer the tenancy right to a spouse or cohabitant upon separation or death (Section 33), to a close relative you have permanently lived with when you move (Section 34, requires consent or tribunal approval), and exchange apartment for significant reasons (Section 35).
Spouse or cohabitant not on the contract has the right to take it over if you terminate, move, or die (Section 47).
Reasonable rent: the rent must not be significantly higher than for comparable apartments (Section 55), and you can have it reviewed by the rent tribunal. Read rent increase.
Deposit disputed rent with the county administrative board (Section 21) so that the landlord cannot forfeit for that amount.
Terminate whenever you want with three months' notice to the end of the month, regardless of what the contract says (Section 5).
Written agreement if you request it (Section 2).
Charging point for an electric car at your parking space at your own expense, unless the landlord has justified reasons to refuse (Section 27 a, from 2026).
Protection against neighbors' disturbances: the landlord is obliged to act against those who disturb you – it is the same Section 25 in the opposite direction. Report disturbances in writing.

What the landlord may – and may not

May: terminate at the end of the rental period and let the Rent Tribunal review the extension; terminate prematurely in case of forfeiture; request access for inspection and necessary work; request a rent increase through negotiation or written notice; require you to comply with Section 25.
May not: raise the rent without a negotiated agreement or correct Section 54 a notice with two months' response time; enter the apartment without legal grounds or notice; change locks, turn off electricity or heating, or remove belongings – this is unauthorized conduct; prohibit guests; require an “inspection” as a precondition for addressing deficiencies; charge fees beyond the rent that are not agreed upon and legal; demand or receive special compensation for the contract (Section 65, offense); require you to waive tenancy rights as a condition for obtaining the contract without the tribunal's approval where required (Section 45 a).

Ten contract terms that do not apply to you

According to Section 1 d, terms that conflict with Chapter 12 are ineffective against the tenant unless otherwise stated. These often appear in contracts without being valid:

“The tenant has no right to extension” in the body of the agreement. Waiver requires a specially prepared document and usually the Rent Tribunal's approval (Section 45 a).
Longer notice period than three months for you as a residential tenant. You can always terminate with three months' notice (Section 5).
“The rent is adjusted annually by x percent” in a negotiated residential rent. Rent increase requires negotiation or Section 54 a procedure.
“The landlord has the right to inspect the apartment at any time.” Access is governed by Section 26: necessary inspection without delay, otherwise with notice.
“The tenant is responsible for all maintenance” in a standard rental. The landlord's maintenance responsibility according to Section 15 can only be waived in single-family houses or through a negotiated agreement.
“The tenant is liable for all damages regardless of fault.” Your liability presupposes negligence (Section 24); agreements extending it apply only to commercial premises.
“No overnight guests.” Lacks legal support.
“Deposit equivalent to three months' rent.” Not illegal in itself, but the landlord may not forfeit or refuse repayment without grounds, and the deposit does not replace the legal rules on rent debt.
“In case of non-payment, the agreement automatically terminates.” Forfeiture requires termination, service, and a redemption period (Sections 42–44).
“Disputes are settled by arbitrators” if it concerns your right to retain the apartment or the rent amount (Section 66).

If you rent from a private individual who owns the residence

If you rent a condominium, house, or owner-occupied apartment from the owner, and the owner rents out no more than two residences, the Private Rental Act (2026:772) applies from July 1, 2026, instead of most of the above. The differences: no security of tenure – a fixed-term agreement ends at the end of the rental period; three months' notice period for both you and the landlord in open-ended agreements (you can always terminate with three months' notice even for a fixed term); the rent must be determined by amount and is the one you agreed upon – the rent tribunal can only reduce it if it is significantly higher than what similar privately rented residences cost; forfeiture already after a two-week delay in rent payment. The rules regarding the condition of the apartment, rent deductions for deficiencies, disturbances, and access largely correspond to those in the Tenancy Act. Agreements entered into before July 1, 2026, follow the old law on renting one's own residence (2012:978), which is similar to the new one but with cost-based rent and a shorter notice period for you (one month). If you rent a tenancy second-hand, Chapter 12 applies in full, but with weaker security of tenure (Section 45).

Frequently Asked Questions

Can the landlord raise the rent as they wish?

No. In buildings with a negotiation order, the rent is set through negotiation between the landlord and the Tenants’ Association. Outside the negotiation order, the landlord must send a written notice with the new rent, date, and a response deadline of at least two months (Section 54 a); if you object, the rent tribunal can assess the reasonableness against the utility value (Section 55). A “new rent from next month” in an email is not a valid increase.

Can I refuse to let the landlord in?

Not when the landlord has a legal basis: necessary inspections or work that cannot wait may occur without delay, less urgent work after one month's notice (Section 26). You can demand a reasonable time and presence. Unwelcome “inspections” without reason can be requested in writing. If you refuse when the landlord has the right, it is grounds for forfeiture (Section 42, first paragraph 10) and from July 2, 2026, the Enforcement Authority can grant access with assistance.

Can the landlord terminate my lease to renovate or sell?

Demolition and major renovations are exceptions to the security of tenure, but only if it is not unreasonable against you and – in the case of renovation – if you cannot remain without significant inconvenience for the work (Section 46, first paragraph 3–4). The sale of a rental property is not a ground at all; the contract follows the property. In the case of renovation, you should, if possible, be offered an equivalent apartment in the building afterward (Section 46, fourth paragraph).

What happens to the contract if we separate?

The spouse or partner who receives the apartment in the division of property enters into the contract (Section 33). If only one is on the contract and they move out or terminate, the other has the right to take over if the landlord can reasonably accept them as a tenant (Section 47). Notify the landlord in writing as soon as it is settled.

Do I have to pay rent for an apartment I cannot live in due to dampness?

You are entitled to a reasonable reduction for the time the apartment is in a deficient condition (Sections 11 and 16), but do not deduct on your own initiative – deposit the difference with the County Administrative Board (Section 21) and request an enforcement order. Otherwise, the landlord has a rent debt to forfeit.

Sources

The guide is general information about current regulations, not advice on your case. If you rent from a private individual who owns the residence, the Private Rental Act applies instead of Chapter 12 of the Land Code on several points from July 1, 2026. Legal status checked on September 25, 2026.

For those reading under stress

The guide is intended as support when you already have a lot on your mind. You do not need to read everything at once: start with the section that matches where you are today and return when the next step becomes relevant.

Cases with authorities rarely improve by handling everything alone. Ask for help from a support person, lawyer, or relative if you can – especially before decisions with long-term effects.

Common mistakes that make the case more difficult

Relying only on verbal promises without brief written confirmation or follow-up email.
Waiting to request documents until the conflict is already locked – then it becomes harder to show what was said.
Writing so long and emotionally that the authority stops responding to the substantive issue.
Missing deadlines for reconsideration or appeal because the decision was not read verbatim.

Mini-checklist before you leave the guide

Do I have the date, diary/case number, and name of the person handling it (if you know)?
Do I know what the next step is: respond, request, remind, appeal, or report?
Have I saved emails and attachments in a place where I can find them in a week?

Tenancy Rights: What You Must Do, What You Are Allowed to Do, and What the Landlord Can Never Demand – Chapter 12 of the Land Code in Practice

The papers in the tenancy: what you may and what you must