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You can find a template of a lease agreement created by Rendin Polska lawyers in the summary of the article. We encourage you to read the entire text to thoroughly understand the intricacies of ordinary lease and be able to enjoy a safe and stable profit from your property.
An apartment rental agreement - what regulations apply?
Many people, especially those taking their first steps in renting, are not fully aware of the regulations governing ordinary rental. A large part of them believes that only the Civil Code applies and the parties can introduce any terms and conditions if they mutually agree to them.
The reality looks different. The most important provisions for the landlord and the tenant are in the Tenant Protection Act, which is more important than the Civil Code. Any provision of the lease agreement that is inconsistent with this Act is, in principle, invalid.
Why can't an apartment rental agreement contain arbitrary provisions?
The act on the protection of tenants is intended to protect people living in rented flats against abuse by their owners (private persons, cooperatives, communes, etc.). Its provisions are more important than the freedom to conclude contracts enshrined in the Civil Code, and deviations are possible only in favor of the tenant.
For example:
The Tenant Protection Act says that the lease agreement may be terminated only after 3 unpaid settlement periods (after which a request for payment should be sent within the next month and only then the agreement can be terminated). So even if the parties agree in the contract that it can be terminated after the lack of one payment, this provision will be invalid.
But:
The parties may agree that the termination may take place only after, for example, 4 unpaid rents and it will be a lawful provision.
Lease agreement for a fixed or indefinite period?
Although an ordinary apartment lease agreement can be signed both for a specified period, for example 12 or 24 months, and indefinitely, we strongly advise against using the latter option.
Fixed-term lease agreement
It gives the landlord much better protection against a dishonest or unreliable tenant who could, for example, stop paying his obligations or destroy the premises and its equipment.
In such a situation, even if the agreement cannot be effectively terminated (because the tenant avoids contact and does not receive correspondence), it will expire on its own within the specified period.
Lease agreement for an indefinite period
In the case of a contract for an indefinite period, the greatest danger for the property owner is a dishonest tenant. It is enough for him to stop paying the rent and not receive correspondence with the termination of the contract to turn the landlord's life into a nightmare.
To evict a tenant, you must first terminate the contract. If the tenant successfully avoids accepting the notice from the landlord, the landlord cannot take the matter to court. However, he must still bear all costs related to the illegal use of his premises by the tenant.
For this reason, a lease agreement for an indefinite period is extremely dangerous for property owners and they should under no circumstances decide on this solution.
Lease agreement - for what period is it best to sign it?
The safest apartment rental contract is the one for 1 year. It gives us almost certainty of a stable income for 12 months, and after that time we can, for example, sign a new contract with the tenant, look for another tenant, or give up renting altogether.
The one-year contract also gives the landlord the opportunity to increase the rent in response to the changing economic situation, inflation, etc., every 12 months. We write about how exactly raising the rent for an apartment looks like in a separate text and later in this.
Deposit for an apartment - is it a good security for the lease agreement?
Your obligations towards the tenant are governed by the Tenant Protection Act. Unfortunately, the security of his obligations to you is not regulated. That is why a deposit is used in the rental of premises, i.e. a financial security for your possible claims.
The deposit is usually collected when the lease is signed or the premises are handed over to the tenant. Its amount is usually the equivalent of one or two months' rent. After mutual settlement between the parties, you must return the deposit to the tenant within 30 days of the end of the contract.
However, if your home is damaged or damaged beyond normal wear and tear, you can use your deposit to pay for it to be removed.
The costs of repairs, replacement of furniture, cleaning, etc. exceeded the amount of the deposit? You have the right to ask the former tenant to reimburse you for the costs you incurred. Unfortunately, it is very difficult to recover money lost in this way and most owners do not even try.
Deposit for the apartment - how much?
Remember that every tenant is your potential debtor. Even if you count on a trouble-free rental, you must take into account that problems may arise during it. The deposit is to protect you in the event that the tenant stops paying or causes damage to the apartment.
The deposit for the apartment is usually equal to the monthly rent. If the equipment of the premises is of a higher standard, the security may be higher and constitute, for example, 2 or 3 times the rent, up to a maximum of 12 times.
Unfortunately, the higher the deposit, the less people want your place.
A typical deposit for an apartment may not be enough!
However, it is worth considering whether this money will be able to cover any damages if the tenant does not want to pay or if there is damage to the apartment due to his fault. According to recent research by Rendin, the average loss in this regard is as much as PLN 9,000 in Poland. It is rarely compensated by a typical 1 or 2-month deposit.
For their own safety and peace of mind during the period of the lease agreement, the landlord should take care of additional security measures that will protect his profits from the property. What can the landlord do?
Other security measures for landlords
To increase the security of profits from renting an apartment, verify the professional and financial situation of candidates for tenants. The landlord has the right to ask for, for example, a certificate of earnings, an employment contract or a bank confirmation of the salary.
Of course, a candidate for a tenant does not have to agree to present such documents. However, if he does not, you may simply not take him into account when deciding who you will sign the apartment rental agreement with.
When signing a contract with a tenant who will live in your premises with other people (partner, children, parents, friend from college, etc.), remember that they should be mentioned by name. You also have the right to request their PESEL numbers.
Protection 10 times better than a deposit
If you need solid financial security in the event of non-payment of rent, take advantage of the Rendin Polska offer. An ordinary rental agreement signed on Rendin.pl receives financial security in the amount of up to 10 times the rent, and you have access to free legal advice on renting.
In the event of problems with the tenant, you will receive a quick refund of lost money and costs incurred, e.g. in connection with the removal of damage caused by the tenant. Such protection means peace of mind and high stability of profits from renting real estate.
When can a fixed-term lease be transferred to an indefinite period?
If for various reasons you do not want to extend the lease, remember that under no circumstances should the tenant stay in the apartment without a contract after the contract expires. If, after its duration or termination, the tenant, with your consent (even verbally!) remains in the premises, the contract by operation of law will change into a contract for an indefinite period.
Of course, you can agree to a longer stay of the tenant in the premises, for example if they are having trouble finding a new place and you want to do them a favour. In this case, however, sign a new lease agreement, even for 3 months.
So keep an eye on your deadlines, save them in your calendar and set reminders. Most tenants are honest, but you never know when you'll come across one that will want to live comfortably at your expense.
Rent - can it be increased during the term of the lease?
Remember that the landlord cannot freely increase the rent during the term of the contract. This is regulated by the Tenant Protection Act, which clearly states that any increase exceeding 3% of the replacement value of the premises must be justified.
The reconstruction value of the premises is the average cost of construction of 1 m2 of usable floor space of residential buildings, set by the state, multiplied by the area of your flat.
The contract for a year gives him the opportunity to flexibly change the amount of this fee and adjust it to market conditions so that your income is not eaten up by, for example, inflation.
Renting an apartment and registering tenants
In Poland, there is the so-called registration obligation. It means that each person should be registered at the address of residence, so that the offices know, for example, where to send correspondence to them, or in which constituency they can vote.
Any tenant legally residing in the premises, i.e. on the basis of a lease agreement, may check in there. For this purpose, he does not have to ask the owner of the apartment for his opinion or even inform him about it. The report is only a confirmation of the permanent or temporary place of residence of a given person.
Registering in a rented apartment by a tenant does not in any way increase his rights to use the premises, nor does it cause, for example, additional difficulties during a possible eviction.
Termination of the lease agreement
Termination of the lease agreement for an indefinite period
If the duration of the apartment lease is not specified in the contract and the tenant pays the rent every month, such a contract may be terminated with a 1-month notice period, counted from the end of the month in which the contract was terminated.
Termination of a lease agreement for a definite period
Neither party may terminate a fixed-term contract under normal circumstances. However, there are exceptional circumstances where a landlord can do this:
the tenant uses the premises contrary to the agreement and devastates them or destroys the equipment,
is in arrears with rent for three months (in the case of monthly payment periods) and has been called to pay with a monthly deadline,
sublet the premises to another person without the consent of the owner,
the apartment needs renovation or demolition.
A fixed-term lease agreement has the advantage that even if the tenant does not receive notices of termination, it will eventually expire on its own, opening the way to eviction. In the case of a tenancy for an indefinite period, a non-paying tenant who does not collect notices can live at your expense, in accordance with the Tenant Protection Act.
Evicting a tenant
The basis for eviction of the tenant from the rented apartment is the termination, termination or expiration of the lease agreement. If the parties agreed to terminate it before the deadline, the landlord terminated it due to the fault of the tenant or it expired after the expiry of the deadline, the tenant uses the apartment without a contract and should leave it immediately.
Unfortunately, there are tenants who have no intention of doing this and prefer to live at the expense of the landlord, who has to pay administrative rent for them, has no rental profits, and if utility contracts are made for him, he also has to pay illegal tenant bills.
In such a situation, the only legal solution is eviction, i.e. court proceedings to obtain an eviction order, and then bailiffs to effectively enforce the sentence.
After referring the case to the court, the court assesses whether the person applying for eviction has the right to the premises, whether the tenant actually occupies the flat and whether he does so without a contract. If these conditions are met, it will issue an order to vacate the premises, for which the landlord must obtain an enforceable title.
Only then can the bailiff start work, although it is worth knowing that the eviction of the tenant cannot take place "on the pavement", and the bailiff will often have his hands tied due to the lack of alternative premises, e.g. social or temporary. In extreme cases, eviction can last for years, which costs the property owner money, time and nerves.
Easier eviction of a tenant - occasional rental agreement
Eviction of a tenant is much simpler when the use of the premises is governed by an occasional lease agreement. In this case, the tenant must provide the address to which he will move out and agree notarized for a possible eviction, which allows you to avoid a lengthy court case. See how the occasional rental with Rendin looks like in detail.
Summary
If you want to keep the formalities to a minimum when renting a place, and a regular apartment rental agreement is your preferred type of document, remember to create it in accordance with Rendin's advice described above. You can also find more information about regular rental in our text, where we write about the advantages and disadvantages of this popular solution.
It is best to use a ready-made, proven template that Rendin Polska lawyers have prepared for you. You will find it here: Rendin contract templates
You can also enrich your regular lease with additional protection in the amount of up to 10 times your rent and get free legal assistance. To gain these benefits and have peace of mind during the rental, sign a contract with your tenant on our website.
Your regular tenancy will then be guaranteed compensation for losses up to 10 times your monthly rent. You will also benefit from free tenant verification and free legal assistance.