Apartment Lease Agreement in Ukraine: What Landlords and Tenants Must Include

Most conflicts between landlords and tenants arise not from bad intentions but from unwritten arrangements. Who pays for a broken water heater? Can the rent go up after six months? How many days does the tenant have to move out? A well-drafted agreement answers these questions in advance and protects both sides. This article explains what a lease must contain and what's worth adding.

Legal Basis: Lease of Housing

The Civil Code calls renting an apartment a contract for the lease (hire) of housing. It is covered by Chapter 59 of the Civil Code of Ukraine (Articles 810–826). Under this contract, one party — the landlord (owner) — transfers housing to the other — the tenant — for use as a residence for a fee and for a certain period.

Form

A residential lease must be in writing (Article 811). An oral arrangement isn't formally prohibited in practice, but in a dispute its terms are almost impossible to prove.

Do You Need a Notary?

Notarizing a residential lease isn't mandatory. But it has advantages:

• the notary checks the landlord's ownership and the parties' identities;
• a notarized lease allows a notary's enforcement order to recover rent arrears without court;
• a notarized agreement is harder to challenge.

For long-term leases of expensive housing, notarization is a sensible investment.

Essential Terms

1. The Parties

Full names, passport details, taxpayer numbers, registered addresses, phone numbers and emails. If the apartment is co-owned, all co-owners or one of them under a power of attorney should sign.

2. The Subject

The apartment's address, number of rooms, total and living area, floor, and a reference to the landlord's ownership document. Put the list of furniture and appliances in a separate annex — the handover report.

3. Term

The lease can be short-term — up to one year — or long-term. If no term is stated, it's deemed concluded for five years (Article 821). Under a long-term lease, the tenant has a pre-emptive right to renew (Article 822). Specify how the parties give notice of renewal or termination.

4. Rent

• the amount and currency (note: payments in Ukraine are made in hryvnia; a foreign currency equivalent can be stated only as a reference for calculating the amount);
• the payment date and method (card transfer, bank account);
• how the rent can change. The law allows rent to be changed no more than once a year unless the contract says otherwise (Article 820). Set an indexation mechanism — for example, no more than a certain percentage once a year with a month's notice.

5. Utilities

Who pays for heating, water, gas, electricity, internet, condominium fees and waste collection? How are meter readings and bills shared? Property tax usually stays with the owner — see property tax in Ukraine.

6. Security Deposit

The amount (usually one month's rent), grounds for withholding (damage, unpaid utilities), and the deadline and procedure for return after move-out. State whether the deposit can or cannot be used as the last month's rent.

7. Occupants

A list of people who will live with the tenant. They have the same rights of use as the tenant, and the tenant is responsible to the owner for their actions. Specify whether new occupants can move in and how to notify the owner. Also set rules on subletting: the tenant may sublet all or part of the housing only with the landlord's consent (Article 823). This protects the owner from unauthorized daily rentals.

8. Repairs

As a general rule, routine repairs are the tenant's responsibility and major repairs the landlord's (Article 819). But the parties can agree otherwise. Specify:

• who pays for repairing appliances that broke without the tenant's fault;
• who is responsible for blocked drains or leaks;
• whether the tenant may do cosmetic repairs or hang shelves.

9. Owner's Visits

How often and with what notice the owner may inspect the apartment — for example, once every three months with 48 hours' notice, and immediately in emergencies.

10. Termination

The tenant may terminate by notifying the landlord in writing three months in advance (Article 825), unless the contract sets a different period. The landlord may terminate only through a court in cases defined by law: systematic non-payment, destruction or damage of the housing, use for other purposes, or systematic violation of neighbors' rights. Set reasonable notice periods for both sides and how the deposit is returned on early termination.

Recommended Terms

• Pets: whether allowed, which ones, an extra deposit.
• Smoking in the apartment and on the balcony.
• Residence registration: whether the owner allows it.
• Insurance: who insures the property and third-party liability to neighbors.
• Force majeure: what happens to rent if the apartment becomes uninhabitable due to shelling or an accident. Force majeure is certified by the Chamber of Commerce and Industry.
• Backup power: whether the tenant may install power stations, a generator on the balcony or an air conditioner.
• Key return and number of copies.
• Communication: official channels for notices (email, messenger) so that correspondence has evidentiary value.

The Handover Report

The handover report is an integral part of the lease. It records:

• the handover date;
• the condition of each room (walls, floor, windows, doors, sanitaryware);
• furniture and appliances with a description of their condition;
• all meter readings;
• the number of keys, remotes and access cards.

Attach dated photos and video. At move-out, a reverse report is drawn up and the condition compared. Without a report, damage disputes come down to one person's word against another's.

Renting in Wartime: Special Terms

War has added new questions to leases that are better settled in advance:

• Damage to the home. What happens to rent if the apartment is damaged by shelling and temporarily uninhabitable? A reasonable option is suspending rent until the home is restored and giving the tenant the right to terminate without penalties. Owners should know how to get compensation for damaged housing.
• Evacuation or mobilization. Can the tenant terminate early with shorter notice if mobilized or forced to leave?
• Power outages. Who is responsible for backup power, can a generator be used, are power banks and stations compensated?
• Internally displaced persons. IDPs often need residence registration and a certificate to receive assistance — specify whether the owner agrees.

How to Handle Correspondence

Agree in the contract which channels count as official: email, a specific messenger, a postal address. Send important notices — rent increases, termination, accidents, visits — in writing and keep them. In a dispute, such correspondence becomes evidence in court.

Leasing to Foreigners

If your tenant is a foreign national, the same Civil Code rules apply, but a few practical points help:

• prepare a bilingual lease (Ukrainian and English), stating which version prevails in case of discrepancies;
• record the tenant's passport details and, if they have one, their Ukrainian taxpayer number;
• agree on how rent will be paid — transfers from foreign accounts may take longer and involve fees;
• clarify whether the tenant needs a lease for a residence permit or visa purposes and draft it accordingly.

Landlords' Mistakes

• A contract without a description of the property and no handover report.
• No way to change the rent because indexation isn't specified.
• No termination procedure for non-payment.
• No clause on compensation for damage caused by the tenant.
• Ignoring taxes. Rental income is taxable — see rental income tax.

Tenants' Mistakes

• Signing without checking the landlord's ownership. Ask for the document and compare it with the register — more in how to rent an apartment safely.
• No clause on returning the deposit.
• Cash payments without receipts.
• No minimum notice period on the owner's side.

How to Amend the Agreement

Make any changes — new rent, extended term, new occupants — through a written supplementary agreement signed by both parties. Oral arrangements about changes are as unreliable as an oral lease.

Agreement Structure: A Template

1. Preamble: parties, date, place.
2. Subject.
3. Lease term.
4. Rent and payment procedure.
5. Utilities.
6. Security deposit.
7. Landlord's rights and obligations.
8. Tenant's rights and obligations.
9. Repairs and maintenance.
10. Liability.
11. Force majeure.
12. Amendment and termination.
13. Dispute resolution.
14. Final provisions, details and signatures.
15. Annexes: handover report, inventory, photos.

Frequently Asked Questions

Can rent be set in dollars? Payments between residents in Ukraine are made in hryvnia. You can peg the amount to a currency equivalent at the NBU rate on the payment date, but payment itself must be in hryvnia.

Can the owner evict me without a court? No. If you don't agree to early termination, the owner must go to court. Self-help — changing locks or cutting off utilities — is unlawful.

What if the owner sells the apartment? A change of ownership doesn't terminate the lease: the new owner becomes the landlord on the same terms (Article 770 of the Civil Code).

Does the lease need to be registered? State registration of a residential lease isn't required.

Can the lease be signed online? Yes, with electronic signatures (a qualified electronic signature or Diia.Signature). Such a document has the same legal force as a paper one and is convenient when the parties are in different cities.

Conclusion

A lease isn't a formality but an instruction manual for any problem. Spend an hour agreeing the terms and the handover report so you don't spend months on disputes later. Landlords should also read our guide how to rent out your apartment, and tenants — how to rent an apartment safely.

Sources

• Civil Code of Ukraine — Chapter 59 "Lease (Hire) of Housing", Articles 810–826.
• Law of Ukraine on Notaries — enforcement orders.
• Tax Code of Ukraine — taxation of rental income.

Read Also

• How to rent out your apartment
• How to rent an apartment safely
• Rental income tax in Ukraine
• Renovation for rental