Finding housing in Poland is already a challenge for a foreigner. But the process doesn't end once you find a place. Today we will break down the key aspects you need to pay attention to when renting a property and signing a contract.
In today's article, we will briefly touch upon najem okazjonalny again, as well as highlight the features of a residential lease agreement and cover:
- how and what documents need to be processed with the landlord when renting an apartment;
- what to pay attention to regarding living expenses;
- how to properly resolve all issues with the landlord regarding repairs and what the responsibilities of both parties to the contract are;
- contract termination (wypowiedzenie umowy) and how to avoid mistakes;
- what kaucja is and what to look out for.
So, let's begin!
Najem okazjonalny - what is it?
A type of rental agreement where the essence is that the given residential property is not rented as the primary place of residence.
The tenant confirms having another apartment where they can move if they suddenly have to leave the property that is the subject of this agreement.
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Unfortunately, the laws are such that even in the case of non-payment under a rental agreement, the tenant does not lose the right of possession. The landlord can only achieve this through court, which in some situations can cause difficulties and a lengthy judicial process (for example, if children also live in the apartment).
Therefore, landlords use this type of agreement to insure themselves against dishonest tenants, and you just have to accept it.
What is needed to sign this type of agreement?
- notary certification - paid by the landlord;
- presence of a sworn translator in the case of foreign tenants. Not always, but in most cases - paid by the tenant;
- confirmation from the owner of another residential property about accepting the tenants in the event of expiration/termination of the rental agreement.
It is worth understanding that this type of agreement is not a rule in the rental market. But you must be ready for the owner of the apartment you choose to insist on signing such an agreement.
Subject of the residential lease agreement in Poland (umowa najmu mieszkania) and the property handover protocol (protokół zdawczo-odbiorczy).
First of all, you must remember that although the subject of the agreement is the housing itself, along with it the tenant usually receives the use of the apartment's equipment and furniture.
Therefore, we advise you to pay special attention to filling out the Protocol annex to the agreement on the transfer of property - also known as protokół zdawczo-odbiorczy.
In this protocol, it is necessary to indicate not only all items of furniture and equipment in the apartment but also their condition, since this document is the basis for settlements and compensation to the landlord upon the return of the property.
Therefore, as a precaution, we advise you not to hesitate to write down everything bad and good in the apartment when signing the agreement with the landlord.
Housing expenses and administrative fees
As you probably already know, in Poland, besides paying the property owner, there are also additional fees for the building administration or residential complex - czynsz.
This amount is also specified in the lease agreement along with all payment details.
Czynsz usually includes contributions to the building's renovation and maintenance fund, garbage collection, and so on.
In addition, the administration usually includes an advance payment for water and heating in the czynsz.
This does not mean that after the annual settlement, you won't have to pay extra if water consumption exceeds the estimated standard. Although the opposite can also happen, where part of the money is returned to the tenant.
Therefore, we advise you to discuss with the owner right away what water consumption standard is included in the so-called "czynsz" and whether it needs to be increased with the administration. Meter readings should be recorded in the same Property Handover Protocol.
Please note that czynsz most of the time does not include electricity and gas costs, which are provided by private utility suppliers.
Therefore, electricity and gas bills are paid separately according to actual consumption every two months.
Responsibilities of the parties and costs of repairs or equipment maintenance.
A very important aspect that needs to be discussed when signing a lease agreement.
It should be decided who and how covers the costs of equipment repairs in the apartment, and appropriate provisions should be included in the contract. If there are none, the rules established by art. 6a and b of the Act on the Protection of Tenants' Rights (Ustawa o ochronie praw lokatorów) apply.
We advise you to read art. 6, 6a-g of the above-mentioned Act to understand your rights and obligations as a tenant in Poland.
Wypowiedzenie umowy - meaning contract termination.
Usually, this is where both tenants and landlords make mistakes.
Very often, the contract contains a clause specifying a 1-month notice period for termination.
Unfortunately, such a clause may not always be legally binding.
The thing is, when renting an apartment for a fixed term only, terminating the contract unilaterally one month after giving notice is only possible in cases provided for in the contract.
Therefore, when signing a fixed-term lease agreement, we advise you to discuss with the owner the circumstances under which the contract can be terminated and the procedure for doing so.
In addition, the provisions of the Civil Code regarding mutual agreement of the parties remain in force.
Kaucja - security deposit. What do you need to know?
Almost always when signing a contract, the owner requires the tenant to pay a so-called "kaucja", which serves as a sort of financial safety net for them, and sometimes even as a factual demonstration of the desire to sign the contract.
It is usually charged in the amount of one month's rent, or even two to three.
Thus, it is from this money that the owner covers any potential damage caused by the tenant, as well as unpaid bills.
According to the Act on the Protection of Tenants' Rights, the owner is obliged to return the kaucja in full or the remaining amount within 30 days after the tenant vacates the apartment.
Of course, the parties can initially agree on a shorter period in the contract.
During the handover of the apartment to the owner, it is necessary to discuss potential defects and record everything in the Protocol to avoid disputes later.
That's it!
If you still have questions, feel free to ask us on social media.
In addition, we provide our clients with comprehensive support in finding housing in Poland and in all aspects related to apartment rentals.
