Leasing property in Poland is governed by the Polish Civil Code (Kodeks Cywilny) and specific property laws. For individuals, understanding the legal framework and drafting a comprehensive lease agreement is crucial to protect their rights and ensure a smooth landlord-tenant relationship. This guide provides a detailed overview of drafting lease agreements and managing leasehold properties for individuals in Poland.
1. Drafting a Lease Agreement
A lease agreement (umowa najmu) is a legally binding contract between a landlord (najemca) and a tenant (wynajmujący). The agreement must comply with Polish property laws and include the following key elements:
a. Essential Clauses
Parties Involved: Full names, addresses, and identification details of both the landlord and tenant.
Property Description: Detailed description of the leased property, including its address, size, and any included furnishings or appliances.
Lease Term: Specify the duration of the lease (fixed-term or indefinite) and the start and end dates.
Rent Amount and Payment Terms: Clearly state the monthly rent, due date, and acceptable payment methods. Include provisions for rent increases, if applicable.
Security Deposit: Specify the amount of the security deposit (usually 1-3 months’ rent) and conditions for its return.
Utilities and Maintenance: Clarify which party is responsible for utility bills, property maintenance, and repairs.
Termination Clause: Outline conditions under which the lease can be terminated by either party, including notice periods.
Renewal Options: Include terms for lease renewal, if desired.
b. Legal Compliance
Ensure the lease agreement adheres to the Polish Civil Code, particularly Articles 659-692, which govern lease agreements.
Include a clause stating that the property will be used solely for residential purposes, as required by law.
c. Registration
While not mandatory, registering the lease agreement with the local court (sąd rejonowy) can provide additional legal protection.
2. Management of Leasehold Properties
Effective management of leasehold properties ensures compliance with Polish laws and maintains a positive landlord-tenant relationship.
a. Rent Collection
Use written receipts or bank transfers to maintain a clear record of rent payments.
Address late payments promptly, following the terms outlined in the lease agreement.
b. Property Maintenance
Regularly inspect the property to ensure it remains in good condition.
Address repair requests promptly, especially for essential utilities like heating, plumbing, and electricity.
c. Handling Disputes
Resolve disputes amicably through negotiation or mediation.
If necessary, seek legal recourse through the local court, ensuring all actions comply with Polish property laws.
d. Termination and Eviction
Follow legal procedures for terminating a lease, including providing proper notice (usually 3 months for indefinite leases).
Eviction can only be enforced through a court order, as per Polish law.
3. Recent Legal Updates
Rent Control: Some Polish cities have introduced rent control measures to protect tenants from excessive rent increases.
Energy Efficiency: Landlords must provide an energy performance certificate (świadectwo charakterystyki energetycznej) for leased properties.
Tenant Protection: Recent amendments to the Civil Code strengthen tenant rights, particularly regarding eviction and lease termination.
The foundation of a successful lease arrangement lies in a carefully drafted lease agreement that protects both parties’ interests.
We offer expert lease drafting and management services to help you establish clear, enforceable terms, address any legal concerns, and ensure compliance throughout the lease period. Our approach to leasehold management keeps your property operations efficient and your investment secure.
