Tenant's notice ending a flat tenancy

Published byDocMuse

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.

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Common questions

What notice period applies to a tenant of a flat in Poland?

First, whatever the agreement says. If an open-ended agreement is silent and rent is paid monthly, it is three months ahead to the end of a calendar month (art. 688 of the Civil Code). A fixed-term agreement can be ended by the tenant only in the cases it lists — or at once when defects in the flat endanger health (art. 682).

When does the notice period start to run?

From the day the notice reached the landlord in a way that let them read it (art. 61 of the Civil Code), not from the day it was written. With three months to the end of a month, notice delivered on 1 October ends the tenancy at the end of January. The safest way is registered post with proof of delivery, or handing it over against a signature on a copy.

Is rent still owed after moving out before the notice period ends?

Yes. Moving out does not end the agreement — rent is due until the notice period runs out unless the parties agree otherwise. The simplest way to end the tenancy earlier is a written agreement with the landlord to terminate on an agreed date, for example once a new tenant has been found.