Residential lease agreement template for Poland

Lease made at Place of signature on Date of signature between Landlord, hereinafter the "Landlord", and Tenant, hereinafter the "Tenant".

Give each owner's and tenant's name, ID number, address and email. A married tenant's spouse is also a tenant of a family home by law (Civil Code art. 680¹).

The Landlord declares that the Landlord owns the flat located at Address of the flat, with a usable floor area of Usable floor area m², consisting of Rooms, for which land register no. Land register number is kept, hereinafter the "Flat".

A tenant can check the owner in the land register online. Ask the landlord for the register number. A cooperative right may have none.

The Landlord gives the Flat to the Tenant for use together with the equipment listed in Annex listing furniture and equipment, and the Tenant undertakes to pay the Landlord the agreed rent.

The Flat will be used only as a home for the Tenant and the following persons: Persons who will live with the tenant.

Adults who live with the tenant permanently are jointly liable for the rent for the time they live there (Civil Code art. 688¹).

The Tenant may not sublet the Flat or let third parties use all or part of it free of charge without the Landlord's written consent.

No consent is needed for a person the tenant must support (art. 688²).

The lease is made for a fixed term from Start date of the lease to End date of the lease.

If the tenant stays with the landlord's consent after the end date, the lease is presumed indefinite (Civil Code art. 674). Sign a new lease or annex in time.

The Tenant will pay the Landlord rent of PLN Monthly rent in PLN a month, in advance, by day Day of the month by which rent is paid of each month, by transfer to the Landlord's bank account no. Landlord's bank account number.

Include the owner's charges to the homeowners' association in the rent. The Civil Code default is payment in advance by the 10th day of the month.

The rent covers the charges the Landlord pays to the homeowners' association or the cooperative and the property tax.

Besides the rent, the landlord may charge only the costs that do not depend on the owner (art. 9 ust. 5 of the 2001 act).

In addition to the rent, the Tenant pays for the supply of energy, gas and water to the Flat and for sewage and waste collection, as follows: Utilities paid by the tenant and how. The Landlord collects these charges only where the Tenant has no direct contract with the supplier, and settles them on actual use.

For example electricity on the tenant's own contract, and water and heating as monthly advances settled each year.

The Landlord may increase the rent by giving written notice of the change with a notice period of three months, to the end of a calendar month. The rent may not be increased more often than every 6 months.

Within 2 months of the notice, the tenant may refuse the increase in writing. The lease then ends at the end of the notice period (art. 8a ust. 4).

On signature, the Tenant pays the Landlord a deposit of PLN Deposit (kaucja) in PLN to secure the Landlord's claims under the lease.

At most 12 times the monthly rent at the date of signing.

The deposit is returned within one month of the day the Flat is vacated, less the Landlord's claims under the lease, in the amount set under art. 6 ust. 3 of the tenant protection act, and not less than the deposit paid.

Under art. 6 ust. 3 the refund equals the rent at the refund date times the number of months' rent taken as deposit.

Before the Flat is handed over, the parties will sign a handover report that records the technical state of the Flat, the wear of its installations and equipment, the meter readings and the number of keys. The report is the basis for settlement when the Flat is returned.

The Landlord keeps the building's installations and equipment in working order, repairs and replaces the internal water, gas, sewage, central heating and electrical installations to the extent these do not fall on the Tenant, and replaces the windows and doors, the floors and the plaster.

The Tenant keeps the Flat in a proper technical and sanitary state, carries out minor repairs and routine upkeep, including painting, and promptly tells the Landlord about repairs that fall on the Landlord.

This follows the default split in art. 6a and 6b of the 2001 act and Civil Code art. 681. A private landlord and tenant may agree another split (art. 6f).

The Tenant may make improvements to the Flat only with the Landlord's consent and under a written agreement that sets how they will be settled.

On a date agreed in advance, the Tenant will let the Landlord into the Flat for a periodic inspection of its state and technical equipment. In an emergency that causes or threatens damage, the Tenant will let the Landlord in at once.

The Tenant may terminate the lease before the end of its term, with a notice period of Tenant's early termination notice, in the following cases: Cases for tenant's early termination.

The Supreme Court accepted "important reasons" as a valid case (III CZP 92/06), but listed cases cause fewer disputes.

The Landlord may terminate the lease only on the grounds in art. 11 of the tenant protection act, in particular with at least one month's notice to the end of a calendar month if the Tenant: despite a written warning uses the Flat against the lease or damages it; is in arrears with the rent or other charges for at least three full payment periods despite a written warning of the intended termination and an additional month to pay; or has sublet the Flat or let others use it without the Landlord's written consent. The notice must be in writing, failing which it is void, and must state the reason.

The Tenant may terminate the lease without any notice period in the cases provided by the Civil Code, in particular if defects of the Flat threaten the health of the Tenant or the Tenant's household.

See Civil Code art. 664 § 2 and 682. The landlord cannot end a flat lease without notice. Art. 11 of the 2001 act requires at least 1 month's notice.

When the lease ends, the Tenant will vacate the Flat and return it with the keys to the Landlord in an unworsened state, allowing for wear from proper use. The Tenant is not obliged to redecorate the Flat or to pay the value of fittings worn through proper use. The parties will sign a handover report on the return of the Flat.

Sentence 2 overrides art. 6e of the 2001 act, as art. 6f allows for a flat outside the public housing stock. Delete it to keep the statutory rule.

On signature, the Landlord hands the Tenant a copy or printout of the energy performance certificate of the Flat.

The tenant cannot waive this right (energy act art. 11 ust. 4).

Other terms

A term that gives the landlord more rights than the 2001 act allows has no effect. Do not add penalties for ordinary wear.

Amendments to the lease require written form, failing which they are void. Matters not covered are governed by the Civil Code and the act on the protection of tenants' rights, the municipal housing stock and amending the Civil Code. The lease is made in two identical copies, one for each party.

Landlord. Tenant. Annexes: handover report, list of equipment, copy of the energy performance certificate.