Leasing agreements are regulated in the Civil Code (Articles 659-692).
Act of April 23, 1964 Civil Code (c.t. Journal of Laws of 2024, items 1061,1237).
In addition, the lease of residential premises is subject to the provisions of the Act of June 21, 2001 on the protection of tenants’ rights, the housing stock of municipalities and amendments to the Civil Code (c.t. Journal of Laws of 2023, item 725)
A contract for the lease of real estate or premises for a period longer than one year should be concluded in writing. If the written form is not observed, the contract is considered to be for an indefinite period of time.
Article 660 of the Civil Code of April 23, 1964 (c.t. Journal of Laws of 2024, items 1061,1237).
If the agreement is entered into by one spouse during the marriage, the other spouse may live in the leased premises. All adults living with the tenant are jointly and severally liable with the tenant for the payment of rent (except for dependent descendants who cannot support themselves).
Legal basis:
Article 6801 6881 of the Act of April 23, 1964 of the Civil Code (c.t. Journal of Laws of 2024, items 1061,1237).
The landlord shall hand over the premises to the tenant in a condition suitable for the agreed use and maintain it in such condition throughout the lease term. They shall be responsible for maintaining the existing installations and equipment related to the building that enable the tenant to use water, gaseous and liquid fuels, heat, electricity, passenger lifts, as well as repair and replacement of internal installations: water, gas, and hot water – without fittings and equipment, repair and replacement of the internal sewage system, central heating system including radiators, electrical system, community antenna – except for fixtures, replacement of heating furnaces, window and door frames and floors, floors and floor coverings, as well as plaster.
Legal basis:
Article 662 § 1 of the Act of April 23, 1964 of the Civil Code (c.t. Journal of Laws of 2024, items 1061,1237).
Article 6a of the Act of June 21, 2001 on the protection of tenants’ rights, the housing stock of the municipality and the amendment of the Civil Code (c.t. Journal of Laws of 2023, item 725)
The tenant is obliged to maintain the premises and the premises they are entitled to use in a proper technical and hygienic and sanitary condition and to observe domestic order. During the term of the lease, the tenant shall be responsible for the maintenance and minor repairs of the equipment of the premises (e.g. minor repairs to floors, doors and windows, painting of walls, floors and the inside of the entrance door, repair and maintenance of electrical fixtures, sanitary appliances, built-in furniture, as well as minor repairs to installations and technical equipment, providing the use of light, heating of the premises, water supply and drainage). Without the consent of the landlord, no changes may be made in the premises contrary to the agreement or the purpose of the property. If the premises are used in a manner contrary to the agreement and its purpose, the landlord, after ineffective warning of the tenant, may terminate the lease agreement.
Legal basis:
Art. 662 § 2 and Art. 681, Art. 667 of the Act of April 23, 1964 of the Civil Code (c.t. Journal of Laws of 2024, items 1061,1237).
Article 6b of the Act of June 21, 2001 on the protection of tenants’ rights, the housing stock of the municipality and the amendment to the Civil Code (c.t. Journal of Laws of 2023, item 725).
The basic obligation of the tenant is to pay rent on the agreed date and amount. These should be specified in the contract. In the absence of an indication of the date of payment in the lease, the rent is payable in advance (for the entire rental period of less than a month, and in other cases – monthly, by the 10th of the month). The regulations specify the amount of permitted increases in rent and other fees independent of the landlord, which may be made no more often than once every six months.
Legal basis:
Articles 659 and 669 of the Act of April 23, 1964 of the Civil Code (c.t. Journal of Laws of 2024, items 1061,1237).
Rent increases: Article 8a and Article 9 of the Act of June 21, 2001 on the protection of tenants’ rights, the housing stock of the municipality and amendments to the Civil Code (c.t. Journal of Laws of 2023, item 725).
In order to secure rent arrears and other receivables of the tenant during the term of the lease relationship, the landlord has the right to pledge movable property belonging to the tenant brought to the premises (e.g., furnishings, equipment belonging to the tenant).
Legal basis:
Articles 670 – 671 of the Act of April 23, 1964 – Civil Code (c.t. Journal of Laws of 2024, items 1061,1237).
It is also common practice to require the tenant to pay a security deposit, the amount of which cannot exceed 12 times the monthly rent. The deposit secures the landlord’s receivables (e.g., for unpaid rent or damage to the premises) and is settled at the end of the lease.
The regulations specify the terms and form of termination of the lease agreement.
Termination of a residential lease agreement by the landlord must be in writing and include the reason for termination. Termination can only take place in cases provided by law. These can be divided into three groups:
- reasons related to the tenant’s behaviour/inaction:
- in spite of a written warning, continues to use the premises in a manner contrary to the agreement or inconsistent with its purpose, or neglects its obligations, allowing damage to occur, or destroys facilities intended for common use by residents, or violates in a flagrant or persistent manner against domestic order, making it a nuisance to use other premises, or
- is in arrears with the payment of rent, other charges for the use of the premises or charges independent of the landlord collected by the landlord only in cases where the tenant does not have a contract directly with the utility supplier or service provider, for at least three full payment periods despite having been warned in writing of the intention to terminate the legal relationship and given an additional one-month period to pay overdue and current dues, or leased, subleased or gave for free use the premises or a part thereof without the required written consent of the owner, or
- uses the premises that needs to be vacated due to the necessity of demolition or repair of the building
- does not live in the premises for more than 12 months
- the owner’s intention to live in the premises
- the need for demolition or repair of the building.
Occasional lease
This is a special type of lease of residential premises regulated by Articles 19a-19e of the Act on the protection of tenants’ rights, the housing stock of the municipality and the amendment of the Civil Code (c.t. Journal of Laws of 2023, item 725).
In order to conclude this agreement, it is necessary for the tenant to submit, in the form of a notarial deed, a statement in which the tenant submits themselves to enforcement and undertakes to vacate and surrender the premises within a period specified by the owner after the termination or expiration of the agreement, not less than 7 days. The tenant must indicate the address of the premises where they will be allowed to live in the event of eviction, and attach a statement by the owner or the person with legal title to the premises that they agree to allow the tenant and persons living with them to live in the premises. The owner of the premises to be the subject of the occasional lease agreement may require that the indicated statement be made with a notarised signature.
Special, more lenient rules for occasional rental, were introduced for citizens of Ukraine who came to Poland in connection with Russia’s aggression.
An occasional lease agreement may be secured by a security deposit (up to 6 times the monthly rent).
The landlord must report the conclusion of the occasional lease agreement to the relevant tax office within 14 days from the commencement of the lease. Most of the provisions of the Act on the Protection of Tenants’ Rights, Housing Resources of the Municipality and Amendments to the Civil Code (i.e., Journal of Laws of 2023, item 725) do not apply to the occasional lease agreement, and eviction of the tenant is simplified – it is carried out under the rules indicated in Article 19d of the Act. The condition for the application of separate rules (described above) to the occasional lease agreement, is that the landlord reports the agreement to the tax office.
Information current as of: .
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