Renting out an apartment may seem simple at first glance. You agree on the price, sign a contract, hand over the keys. In reality, however, this is one of the areas where the most legal disputes arise — both from the landlord and the tenant. Today, I will discuss what you need to know before renting out an apartment and why consulting a lawyer is especially important in this case.

The Most Common Mistakes

1. Verbal Agreement — The Most Dangerous Way

Many people still trust verbal agreements — especially with acquaintances or relatives. A verbal agreement has legal force, but it is practically impossible to prove in court. In case of a dispute, you will not have proof of paid rent, incurred expenses, or compensation for damages.

2. Contract — "Any Template" Is Not Good Enough

There are thousands of lease agreement templates online. Most of these templates are either outdated, do not comply with Georgian legislation, or are unsuitable for a specific situation. A poorly drafted contract is often worse than having no contract at all.

3. Security Deposit — Who Owns It and When?

The issue of the security deposit is the most frequent source of disputes. If the contract does not clearly specify — in which cases the deposit is not returned, who determines the damage, within what period the deposit is returned to the tenant — a dispute is inevitable.

What Should a Good Lease Agreement Include?

A contract drafted with the help of a lawyer should include:

  • Amount of rent, payment deadline and method — cash, transfer, currency
  • Security deposit terms — amount, return period, grounds for deduction
  • Utility payments — who pays and for what
  • Contract term and termination conditions — notice period
  • Condition of the property — handover act with photos
  • Repairs and expenses — who is responsible for what
  • Subletting — whether it is allowed or not

Landlord's Rights and Obligations

The landlord has the right to demand timely payment of rent, use the security deposit to cover damages, and terminate the contract — but all of this requires following the correct procedure. Self-eviction — locking out, removing belongings — is illegal and entails criminal liability.

Tenant's Rights and Obligations

The tenant has the right to peaceful enjoyment of the apartment, protection from obligations not stipulated in the contract, and full return of the security deposit — if the apartment is not damaged. Unilateral increase of rent by the landlord without a contract is not allowed.

Why a Lawyer?

During the apartment rental process, a lawyer:

  • Prepares an individual contract in compliance with the law
  • Explains the legal significance of every clause
  • Arranges the proper handover act for the property
  • Represents your interests in case of a dispute
  • Saves you from a much more expensive court process

Conclusion

Renting out an apartment is a financial transaction that will last for months or years. One proper contract protects you throughout this entire period.

Consulting a lawyer is not an unnecessary expense. It is the best investment you can make before renting out an apartment.