Flat rental agreements and tenancy letters in Poland
Renting a flat in Poland is governed by the Civil Code and the Tenants' Protection Act (ustawa o ochronie praw lokatorów). A lease for more than a year should be in writing; without that it is treated as open-ended (art. 660 of the Civil Code). A fixed-term lease can be terminated by notice in the cases the agreement sets out (art. 673 § 3), so they belong in it. A landlord may end a tenancy only on the grounds in art. 11 of the act, in writing on pain of nullity and stating the reason; for rent arrears of at least three full payment periods the tenant must first be warned in writing and given an extra month to pay. Rent goes up by terminating the current amount, in writing, with three months' notice, or longer if the lease says so, to the end of a calendar month (art. 8a). The deposit, less what the landlord is owed, is returned within a month of the flat being vacated.
All the documents are in Polish and drafted under Polish law; each has a page describing it in English. Choose between a fixed-term lease, an open-ended lease and a room lease. An owner who is a private individual not letting flats as a business can instead use an occasional tenancy agreement (umowa najmu okazjonalnego): a fixed term of up to 10 years, the tenant's declaration of submission to enforcement made as a notarial deed, and notice of the lease to the tax office within 14 days of its start. The move-in record and move-out record fix the flat's condition, which is what a deposit dispute turns on.
During the tenancy a tenant can demand repairs or ask for consent to sublet, since subletting without it is a ground for termination; at the end come the tenant's notice and, if needed, a demand for the deposit. A landlord has the arrears demand with warning of termination, the landlord's notice on statutory grounds and the notice ending the current rent. Each is filled in online and downloaded as a finished PDF, or downloaded blank; none replaces the notarial deed an occasional tenancy needs.
The documents
13 forms available to fill out or download.
Request for the landlord's consent to sublet a flat
A tenant's request in Poland for written consent to sublet the flat or part of it: to whom, for how long, for what rent and why, with confirmation that the tenant's obligations to the landlord stay with the tenant. There is room at the foot for the landlord's signature — a signed copy is the proof of consent, because subletting without it is one of the grounds on which the landlord may end the tenancy with a month's notice.
Demand for return of a rental deposit
A tenant's letter to a landlord in Poland who has not returned the deposit after moving out: when the flat was vacated, how much is to be repaid, by when and to which account, with a request for a written account of every deduction. The landlord has a month from the flat being vacated; after that interest runs, and the letter also shows the attempt at an amicable solution a court will ask about.
Demand to the landlord to repair defects in a flat
A tenant's letter in Poland reporting defects the landlord is responsible for — failed heating, a leak, a broken boiler — setting a deadline for the repair and asking for a rent reduction while the defects last. The deadline is what later allows the tenant to have the repair done at the landlord's expense (art. 663 of the Civil Code); the notice also opens the way to ending the tenancy if the defects cannot be fixed.
Notice terminating the current rent (rent increase)
A rent increase for a flat in Poland done the way the law requires: not as a "notice of increase" but as written termination of the current amount of rent, with three months' notice (or longer under the agreement), to the end of a calendar month. The letter states the new rent and the date it applies from, and tells the tenant their rights — which is fair to them and makes the increase easier to defend.
Flat handover record — move-out
The record made when a rented flat in Poland is returned at the end of the tenancy: the state of the flat and furnishings compared with the move-in record, meter readings, keys returned, damage found and the deposit settlement — how much is deducted, for what, and to which account the rest goes back. Settling it on the spot is the simplest way to keep the deposit out of court.
Flat handover record — move-in
The record made on the day a flat in Poland is handed to the tenant: the state of the flat, its furnishings, the electricity, gas, water and heating meter readings, the keys handed over and any defects noticed, signed by both sides. When the flat is returned its state is compared with this record — which is what decides which damage happened during the tenancy, and so what may be deducted from the deposit.
Landlord's notice ending a flat tenancy
Notice ending a Polish residential tenancy with one month's notice to the end of a calendar month, on the grounds in art. 11(2) of the tenants' protection act: arrears after a written warning, use against the agreement despite a warning, subletting without consent. The letter states the reason, because without it the notice is void. An owner wanting to move in relies on a different ground with longer periods, and this is not that document.
Tenant's notice ending a flat tenancy
A tenant's written notice ending a Polish residential tenancy: which flat, which agreement, what notice period and on what basis, and the date the tenancy ends. The letter also asks to arrange the handover with a record and for the deposit to be returned. The notice period runs from delivery, not from writing, so send it in a way that proves receipt.
Demand for unpaid rent with warning of termination
The letter without which a landlord in Poland cannot end a flat tenancy for arrears: it lists the unpaid periods and the amount, warns of the intention to terminate, and sets an additional deadline of at least a month to pay both arrears and current charges, as art. 11(2)(2) of the tenants' protection act requires. Notice given without this warning is defective.
Occasional tenancy agreement (najem okazjonalny)
A Polish occasional tenancy for an owner who is a private individual not in the business of letting flats: fixed term of at most 10 years, deposit of up to six months' rent. The agreement lists the three compulsory attachments, including the tenant's declaration submitting to enforcement and undertaking to vacate the flat — which must be a notarial deed; without it there is no occasional tenancy. The landlord reports the agreement to the tax office within 14 days.
Room rental agreement
A Polish agreement for renting a single room in a flat whose other rooms are shared: which room, which common areas the tenant may use, the rent and what it covers, the deposit, the rules of living together and the notice period. With a room, disputes are usually about utilities and shared space, so the agreement has them written in rather than left for later.
Fixed-term flat rental agreement
A Polish residential tenancy between private individuals for a set period: rent, deposit, utilities, each side's obligations and a handover record when the flat is handed over and returned. Under Polish law a fixed-term tenancy cannot be ended early except in the cases the agreement names, so this one names them. It is an ordinary tenancy; an occasional tenancy (najem okazjonalny), with the tenant's declaration before a notary, is a separate document.
Open-ended flat rental agreement
A Polish residential tenancy with no fixed end date: rent, deposit, utilities, each side's obligations, handover records when the flat is handed over and returned, and the tenant's notice period. The landlord cannot end it at will — only on the grounds in art. 11 of the tenants' protection act, in writing and with the reason given — and the agreement says so plainly rather than promising a freedom the law does not give.