Tenant Rights and Responsibilities: Legal Guide to Daily Rental 2025

The material was prepared by the legal consultant of the Ukraine Apartments platform, lawyer Andriy Selyanko.

The daily rental market in Ukraine has long been considered a "wild field," where relationships were regulated only by verbal agreements. However, the situation has changed. Today, daily apartment rental is a full-fledged civil law agreement regulated by the Civil Code of Ukraine (CCU). Ignorance of one's rights often leads to financial losses: non-return of the security deposit, unjustified eviction, or fines for fabricated violations.

The Ukraine Apartments platform advocates for a civilized market and transparent relationships. We have prepared this fundamental material so that you clearly understand the limits of your responsibility and rights when booking accommodation.

Part 1. Legal Foundation: The Daily Rental Agreement

Many believe that a contract is unnecessary for a stay of 1-2 days. This is a dangerous misconception. According to Art. 810 of the CCU, the provision of housing for use is formalized by a lease (rental) agreement. An oral form of the contract is permissible, but in case of conflict (e.g., disappearance of belongings or damage to equipment), proving your case without a written document is almost impossible.

What makes a contract valid?

Even a simple written document, signed by both parties without a notary, has legal force. The daily rental agreement must contain:

  • Subject of the contract: Exact apartment address, apartment number.
  • Parties: Passport details of the owner (or their authorized representative) and the tenant. Advice: Always check the owner's documents. You have the right to ensure that the person taking your money genuinely owns the property (or has the right to sublease).
  • Term: Exact check-in and check-out times.
  • Price and payments: Rental amount, size of the security deposit, return procedure.

On our portal, we recommend that owners use standardized contracts to protect both parties.

Part 2. Tenant Rights: What you have an absolute right to

By paying for accommodation, you receive not just keys, but the right to possess and use the premises for a specified period. Here are your key rights:

1. Right to the inviolability of the home

This is a fundamental right guaranteed by Art. 30 of the Constitution of Ukraine. From the moment the contract is signed and the keys are handed over, the owner does not have the right to enter the apartment without your permission or presence, unless otherwise specified in the contract (e.g., for cleaning at a specific time).

Exception: Emergency situations (fire, pipe burst) that threaten property or neighbors.

2. Right to full and truthful information

The apartment must match the photos and description in the listing. If upon arrival you discover that:

  • The stated air conditioner or boiler is not working;
  • There is no internet (Wi-Fi), although it was listed as an option;
  • Renovations are taking place in the apartment or there are foreign odors;

You have the right to demand remedy of defects, a reduction in the rental cost, or a full refund and termination of the agreement (Art. 651, 652 CCU).

3. Right to safety

The owner is obliged to provide accommodation that meets sanitary and technical standards. Electrical wiring must be in good working order, and gas appliances — safe. If your laptop charger burned out due to a faulty socket — this is the landlord's responsibility.

Part 3. Tenant Responsibilities: Where your freedom ends

The tenant is responsible for preserving the property and observing cohabitation rules. Violation of these points — is the most frequent reason for losing the security deposit for the apartment.

1. Targeted use

If the apartment is rented for residence, you do not have the right to set up an office, photo studio (without permission), or hold mass parties there. This is a gross violation of the contract, giving the owner the right to immediate eviction without a refund.

2. Observance of quiet hours

This is not just the owner's whim, but a requirement of the Law of Ukraine. From 10:00 PM to 8:00 AM, loud singing, shouting, and using sound-reproducing equipment are prohibited. The owner is not responsible for your behavior to the police; you will pay the fine.

3. Preservation of property (Depreciation or Damage?)

It is important to distinguish these concepts:

  • Natural wear and tear (Depreciation): If a light bulb burned out during your stay, the handle of an old tap broke, or the TV remote stopped working (not due to dropping) — you are not obliged to pay for this. These are the owner's risks.
  • Damage to property: Broken dishes, cigarette-burned sofa upholstery, wine stains on the carpet, broken furniture due to physical force. For this, the tenant bears full material liability (Art. 815 CCU).

Part 4. Financial Matters: Deposit, Booking, and Cancellation

Financial disputes — are the most acute. Let's consider them from a legal perspective.

Security Deposit (Zavdatok) vs Advance Payment (Avans)

In everyday life, we often say "deposit" (zavdatok), but legally, most prepayments are an advance payment. The difference is colossal:

  • Advance Payment performs only a payment function. If the deal did not take place (you changed your mind or the owner cancelled the booking), the advance is simply returned.
  • Security Deposit (Zavdatok) (Art. 570 CCU) — is a way to secure the performance of an obligation.
    • If the tenant refuses — the deposit remains with the owner.
    • If the owner refuses — they are obliged to return the deposit in double the amount (in practice in daily rent, this rarely works without court, but it is the law).

Important: For the sum to be considered a Security Deposit (Zavdatok), this must be explicitly stated in the written agreement. If there is no written agreement — any prepayment is considered an advance payment and is subject to return (although in practice owners often withhold it as a penalty for downtime).

Security Deposit (Zaštava)

This is the amount you provide upon check-in "in case of damage." The owner has the right to demand it. But you have the right to demand:

If there are no claims regarding the condition of the apartment upon check-out, the deposit is returned in full at the moment the keys are handed over.

Part 5. Rules for Booking Cancellation and "Force Majeure"

In the conditions of martial law, the issue of cancellation becomes critical.

Can money be returned if plans have changed?

Cancellation conditions are usually set by the owner or the aggregator platform. On Ukraine Apartments, because you deal directly with the owner, individual rules apply. Usually:

Force Majeure (Circumstances of Insurmountable Force)

Air raid sirens, missile attacks, or long-term blackouts (lack of electricity for more than 24 hours) can be recognized as force majeure. In this case, the parties are released from liability for non-performance of the contract. That is, if you cannot reach Kyiv because the highway is blocked, the owner must return the prepayment. However, the mere fact of martial law is no longer an automatic force majeure for business, as it has been ongoing for a long time.

Part 6. Action Algorithm in Case of Conflict

What to do if the owner does not return the deposit or demands money for a "scratch that was already there"?

  1. Handover Act: This is your main shield. When checking in, spend 5 minutes inspecting the apartment. Take a video on your phone. Record all existing damage and send this video to the owner via messenger. This will be proof that the damage occurred before you.
  2. Police: If the owner tries to forcibly evict you without valid reasons (noise violation, property damage) before the paid term — call the police. You are legally staying in the apartment (oral or written contract).
  3. Platform Support: If you found accommodation on Ukraine Apartments, inform us about the unscrupulous landlord. We thoroughly check complaints and block scammers.

Daily rental — is a partnership. The owner provides you with comfort and privacy, and you guarantee the preservation of the asset and payment. Knowing your rights makes you confident, and fulfilling your duties makes you a welcome guest who will always be happy to see you.

We at Ukraine Apartments work to ensure your rental is safe. We moderate listings, verify owners, and provide you with the option of direct contact so that all conditions are transparent even before payment. Choose safety and comfort with us.

Disclaimer: This article is for informational purposes only and does not constitute full legal advice. In complex disputes, we recommend contacting professional lawyers.