In a rental market where cases of unpaid rent, damaged apartments and tenants disappearing while leaving behind unpaid utility bills are increasingly common, POMIDA is releasing one of the most practical and timely guides of recent years: “5 + 5 concise guidelines for property landlords.”

Recent data show that dozens of incidents each month involve property owners trapped in problematic leases—situations that could have been avoided with three basic steps: proper tenant screening, a complete written lease, and a clear property handover process. Based on these complaints, POMIDA has compiled the five essential prerequisites for starting a lease safely, along with five “don’ts” that landlords should strictly avoid to protect themselves.

POMIDA emphasises that before entering into any lease, the landlord must follow a specific “safety protocol.” According to its representatives, 90% of problematic leases could have been avoided if landlords had followed the basic requirements: checking the property’s legality and condition, drafting a proper lease, securing all necessary certificates, submitting the lease to AADE, and—most importantly—handing over keys only after the tenant has connected the electricity supply in their own name. The organisation also lists five strict “NEVERs,” the most common pitfalls for landlords—from accepting deposits without a contract to the high-risk practice of giving keys before an electricity contract is in place. These ten points now form the core protection framework for every landlord.

The 5 prerequisites for any new lease

1. Property suitability
The landlord must deliver a fully functional property: electrical installations with safety relays, properly operating windows, plumbing free of leaks, a secure lock, and no outstanding planning issues. If there has been an unauthorised change of use, the lease becomes legally vulnerable and may be blocked during an inspection. POMIDA stresses: “Unsafe properties should not be rented out.”

2. Drafting and signing a private agreement
The written lease is the landlord’s primary legal safeguard. It is signed before any payment and includes full tenant and owner details, property use, obligations, clauses on late payments, and conditions for handover. The electronic AADE declaration does not replace the contract; the written document is essential in any legal dispute.

3. Energy Performance Certificate (EPC)
An EPC is mandatory before the property is advertised. Without it, the lease is not legally valid and can be cancelled. Many complaints involve EPCs issued after tenants moved in, exposing landlords to legal risk.

4. Declaration on Taxisnet
The rental declaration on Taxisnet must be submitted by the end of the following month after the lease begins. This step formalises the lease, secures the landlord’s tax rights, and enables the tenant to legally activate utilities. Without the declaration, the lease is considered non-existent.

5. Electricity first — keys second
This rule protects landlords from hundreds of fraud cases. The tenant must connect electricity in their own name before receiving keys. Giving keys while the supply remains in the landlord’s name can even expose the owner to charges of electricity theft in case of illegal reconnection.

The 5 “Don’t” in new leases

POMIDA stresses that a landlord should never accept rent or a security deposit before signing a written lease, as this offers no legal protection. It also warns that keys should never be handed over before the tenant has connected all utilities in their own name. Numerous cases of electricity theft have caused serious problems for landlords who handed over keys with active supplies in their own name. The same applies to gas and telephone services: all must be transferred to the tenant before they move in. Otherwise, the landlord may end up responsible for debts they did not create.

Specifically, POMIDA recommends:

1. NEVER accept a deposit before a written lease is signed.
This is the most common trap. Without a contract, you may face claims, and the tenant may refuse installation obligations.

2. DO NOT rent to tenants who avoid providing full personal details.
Incomplete information is a red flag. Many cases of “ghost tenants” began with someone who did not provide a tax number or supplied details belonging to someone else.

3. DO NOT rent to foreign citizens without checking their residence permit.
The lease must state the valid residence permit. If it expires and is not renewed, the landlord may face complications for which they are not responsible.

4. NEVER hand over keys without an electricity contract in the tenant’s name.
According to the PPC, landlords have been held accountable for electricity theft committed by tenants because the supply was still in the owner’s name.

5. NEVER deliver a property with active utilities in the landlord’s name.
Electricity, gas, and telephone services must all be transferred to the tenant. Otherwise, any debt or violation falls back on the owner.

Beyond the “5 + 5” guidelines: A framework for long-term landlord-tenant relationships

Beyond the specific “5 + 5 golden rules,” POMIDA offers a broader framework that landlords should apply in every tenancy. The first key area is the suitability and safety of the property.

Lease:
Always prepare a written private agreement with full details of both parties, tax numbers, property use, duration and exact rent. The online AADE submission is not a contract—it is purely informational. For significant leases, the agreement should be drafted by the landlord’s attorney.

Duration & use:
Residential and new commercial leases have a minimum duration of three years, even if a shorter period is written. The specific use must be clearly stated (main residence, office, shop, etc.). For healthcare-related uses, additional permits and planning permissions must be verified.

Rent:
Freely agreed, but always state the actual amount—never alter or “break” it. Commercial leases are subject to a 3.6% digital duty. A slightly lower, realistic rent with a reliable tenant is preferable to an inflated rent that will lead to vacancies.

Electronic submission:
The landlord must submit the rental declaration on the AADE platform by the end of the following month and retain the receipt. Termination is declared electronically only after the landlord receives the keys.

Insurance:
The property should be insured from day one—at a minimum for fire, flood and earthquake. This protects the landlord and results in a 20% discount on ENFIA.

Tenant communication:
Before considering legal action, attempt to resolve issues with the tenant. Tenancy is an ongoing relationship, especially in residential properties. Clear communication from the beginning reduces the risk of conflict.

Common charges:
The landlord should stay in contact with the building manager to ensure that the tenant is paying shared maintenance fees. Ultimately, the property owner may be held responsible for unpaid condominium expenses.

Electricity – TENANT:
Electricity must always be in the tenant’s name before keys are handed over. If the supply is disconnected, the tenant must first sign a new contract before the property is delivered. Failure to do so may expose the landlord to liability for electricity theft.

Water supply:
Water typically remains in the landlord’s name, so bills must be monitored regularly. The supply number and meter reading should be included in the lease.

Gas:
Gas contracts must always be in the tenant’s name. The landlord should keep the customer code to monitor any potential arrears.