Open-ended flat rental agreement

Published byDocMuse

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.

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Common questions

What is the notice period for an open-ended flat tenancy in Poland?

Whatever the parties write into the agreement. If it says nothing and rent is paid monthly, notice must be given at least three months ahead, to the end of a calendar month (art. 688 of the Civil Code). The landlord is also bound by art. 11 of the tenants' protection act: only the grounds it lists, and only the notice periods it sets.

Can a landlord in Poland end a flat tenancy without giving a reason?

No. Notice from the owner must be in writing on pain of nullity and must state the reason, and the reasons are a closed list: among them rent arrears of at least three full payment periods after a written warning, use of the flat against the agreement despite a warning, or subletting without consent. An owner who wants to move in must give much longer notice — up to three years.

How can the landlord raise the rent during an open-ended tenancy?

Only by a set procedure: written notice terminating the current amount of rent, three months ahead (or longer if the agreement says so), to the end of a calendar month (art. 8a of the tenants' protection act). Within two months the tenant may refuse the increase in writing — the tenancy then ends when the notice period runs out — or challenge it in court.

Does a rental agreement have to be reported to the tax office?

An ordinary rental agreement is not reported. The duty to notify the tax office within 14 days of the start of the tenancy applies to an occasional tenancy. The landlord does pay tax on private rental income — since 2023 as a flat-rate tax on recorded revenue. The tenant has no obligations here.