Homepage Real property Renting a flat/house Termination of the lease agreement

Termination of the lease agreementPrint

Agreements concluded for a definite period of time (e.g. 1 year) are terminated automatically upon the expiry of the duration. The agreement may be terminated upon notice, preferably in writing, with the notice period specified in the given agreement.

Agreements concluded for an indefinite period of time (without a specified duration) may be terminated upon notice, with a notice period specified in the given agreement, and if no such period is specified in the agreement – pursuant to statutory notice periods. The statutory period of notice for the termination of a lease agreement (concluded for an indefinite period, with monthly rent payments) is 3 months starting from the end of the calendar month in which notice was given. In other cases:

  • if the rent is paid at intervals longer than 1 month – the lease agreement may be terminated at the latest 3 months in advance at the end of a calendar quarter;
  • if the rent is paid at intervals shorter than 1 month – three days in advance;
  • if the flat is rented on a daily basis – one day in advance.

The agreement may be terminated both by the tenant and the owner. The owner has the right to terminate the agreement with immediate effect if the flat is used by the tenant in a manner not compliant with its designation, e.g. if the tenant causes damage, conducts business activity in the flat or if unauthorised persons stay and spend nights in the flat. The landlord has the right to terminate the agreement without notice also in case the tenant fails to pay rent for at least two full payment periods (in the case of monthly payments – 2 months) and if the landlord has notified the tenant about the termination in writing while providing an additional monthly period for the settlement of outstanding payments.

Upon the termination of the lease, the tenant is obliged to leave the premises in the same condition asthey were at the moment of commencement of the lease.

The obligation to register  -> does not grant the foreigner any title to the real property. The registration is only a confirmation of the factualsituation, i.e. of the stay of a specific person in the given premises.

Note: One should remember that under Polish law it is illegal for the landlord to charge any additional fees for enabling temporary registration of residence -> of the tenant.