Law neutral, but unstable between landlord and tenant

Rents: Can tenants and landlords agree freely to rents in Poland?

Rents between landlord and tenant can be freely negotiated.

Poland Immobilien

Any increase in rents in all new tenancies was limited by an important new legislation (UOL) passed in July 2001 (see below) to below the inflation rate. This provision was immediately declared unconstitutional. Furthermore, before July 2001 tenancies leased would remain highly rent-regulated, but only until the end of 2004. for rent

There was no news at the time of writing about the extension of this date. Thus, under a) the ruling of the Constitutional Court and b) the failure to change the UOL rental deregulation deadline at the end of 2004, the whole rental market now seems to be free.

The indexation of rent clauses is legal. The legal status of other gradual rent augmentation clauses is unclear.

The property owner can increase the rent once every six months with an advance of one month.

Deposits

The maximum deposit is limited to 12 months of rental by UOL.

The deposit payable to the tenant is based on a number of rents, not on the rental amount specified in the contract but on the rent amount at the time of termination. If the rent is the same throughout the contract, then the tenant is refunded exactly what he paid in deposit.

What are the rights of landlords and tenants in Poland, especially regarding contract duration and expulsion?

Contracts that are time-limited and time-limited have very different consequences.

Unlimited contracts provide a tenant with more or less permanent security; the UOL lays down eight grounds for the termination of the land owner which must be set out in a written notice amounting to three:

Very serious infringements of tenant duties;

Absence of the apartment tenant for over 12 months;

'important reasons,' such as that for family reasons the apartment has become essential to the landlord and the tenant is not required;

However, the tenant may terminate at any time without announcing any reason by giving a notice of the normal rental payment period three times.

Apartment for rent in Poland

Contracts may be concluded for any given period of time only once a ten-year contract is in operation; the contract becomes unlimited in time. Until recently, the duration was fixed at not less than three years, preventing 'occasional tenancy' inconveniently. But from 15 July 2003, these limitations are no longer valid and for shorter periods contracts can be freely concluded.

The parties may freely decide the time limit for the notice of termination.

They may also freely decide why the contract should be terminated, even if the reasons must be stated in the contract and referred where written notification is given.

Tenancy contracts must be concluded in writing for a period greater than one year (Civil Code Art 660) or become contracts of unlimited duration.

Automatic renewal may be legally stipulated in the contract every year.