A lease (rental) agreement confirms the obligation of the owner (landlord) to lease the premises to the tenant (lessee) for use for a definite or indefinite period of time and the obligation of the tenant (lessee) to pay a fixed amount of rent in return for the lease during that period.

The lease agreement for a flat/house should be concluded between the landlord and the tenant of the given premises in written form, in the Polish language. There is no standard template of such agreement. Sample lease agreements are available on the Internet. The agreement may be concluded in any form. It may be handwritten. However, it must contain all the data listed below.

Important: It is not required to register lease agreements (e.g. at a notary public, at the Municipal Office or another institution).

The lease agreement for a flat/house confirms the right to use the premises subject to lease. The agreement may be concluded for a definite period (e.g. 1 month, 3 months, one year) or for an indefinite period of time. Each type of agreement may be terminated pursuant to the occurrence of specific conditions.

The agreement specifies the level of fixed charges (what are fixed charges? ->), deadlines and forms of payment thereof, the amount of deposit paid or the duration and the notice period for the termination of the agreement (usually 1 month). It is also recommended to include in the agreement the description and the state of repair of the flat at the moment of handing over. It is also possible to prepare photographic documentation of the actual state of repair of the premises as of the moment of commencement of the lease. The agreement should also specify the party responsible for making payments for utilities (it is often the responsibility of the tenant->). It is recommended to specify the readings of meters, e.g. for electricity, water or gas in form of an attachment. Such information will help determine the actual use of the utility by the tenant during the period of residence in the given premises.

The lease agreement should also contain information about the parties to the agreement and the scope:

  • personal data of the owner and tenant (first names and surnames, dates of birth, addresses of residence and mailing addresses, PESEL numbers [also of the foreigner, if such number was issued] and numbers of documents confirming these data, e.g. an ID issued in the territory of Poland or a passport and residence card for the foreigner),
  • data related to the subject of the agreement including full address of the premises (town, street, building and flat number).