Short-term rental terms – what should they include?

The rules for guests staying in the property you provide are set out in the rental terms. This document is the basis for taking appropriate legal action should any irregularities occur. It is worth drafting terms that precisely specify the rules for using the property. Wondering which provisions and clauses are worth including in your terms? Below we present a list of information to include in short-term rental terms.

What do short-term rental terms give you?

Every facility made available to outside parties – from a hotel room through a conference room to a sports hall – has its own terms and rules. And for good reason – they contain information about what is allowed and what is prohibited on the premises. This also applies to the equipment the property is furnished with and which may be used by the tenant. The document also specifies the sanctions for any damage caused or for behavior that violates the rules, e.g., smoking despite a ban. On the other hand, the terms protect the interests of the tenant, who may use the property freely, in accordance with the norms of social life. If it is the landlord who turns out to be dishonest, the tenant can assert their rights by invoking the terms. When drafting the terms, it is worth seeking help from lawyers. Their expertise in the law and experience in drafting documents will ensure that your interests are properly protected. However, there is nothing to stop you from preparing the rental terms yourself.

Information to include in short-term rental terms

Every legal document should precisely identify the parties and the subject matter covered by its provisions. That is why the terms should explain who the landlord is (the owner of the property made available for use) and who the tenant is (the person booking the property for the specified period). The terms do not include the personal data of the tenant or the landlord – first and last name, PESEL (Polish national identification number) or ID document number are not necessary for complying with the terms. The terms specify what is understood as the property and whether there are any common areas (and if so, where they are located). It is common practice to state the check-in and check-out rules and information about the so-called hotel night. The terms also include information on the tenant's financial liability for above-normal wear and tear of items and for damage caused in the property. In the event of non-compliance with the terms, the landlord has the right to reserve, by means of an appropriate provision, the right to shorten the rental without refunding the money paid by the tenant.

Which clauses are worth including in the terms?

Apart from the standard information presented in the previous paragraph, the rental terms may contain restrictive clauses. These are optional, though common, sets of rules specifying the prohibitions and obligations imposed on the tenant. The most common clauses in rental terms include:

• A ban on smoking tobacco products and e-cigarettes on the premises.
• An obligation to observe the quiet hours established by the building administrator..
• A ban on holding parties and on behavior that may disturb the neighbors.
• An obligation to keep the rented property properly clean.
• The tenant's obligation to cover any damage caused, including by children and pets.
• Issues related to receiving visitors (e.g., a ban on persons not registered with the landlord as tenants staying on the property after 9:00 p.m.).

Remember that each clause you introduce should be precisely defined. For example, when including a provision on quiet hours, you should specify the exact hours during which the rule applies, e.g., from 10:00 p.m. to 6:00 a.m. This may be obvious to you, but guests coming from other countries may not be familiar with the concept. 

House rules in physical or electronic form?

It is common practice to include a statement that confirming a booking is equivalent to having read and accepted the rental terms. This means that the terms must be made available to the potential guest in electronic form. What's more – such terms should be drawn up not only in Polish but also in English, with foreign guests in mind. Bookable lets you conveniently post your terms on your booking management website. Does this mean the physical version of the terms is unnecessary? Not at all! It is worth displaying this document – at least in a shortened version – on the premises. This way, guests can always refresh their memory of the provisions they accepted and will think twice before doing something against the rules. The house rules, placed in a clip frame or laminated, are hung by the front door at a height of about 150 cm from the floor. This makes them visible and easily accessible to everyone staying in the apartment.