Rental agreement: what to check before you sign

A rental agreement is a document you go back to only when something has gone wrong. That is why you read it carefully once, at the beginning.

Who is actually letting the flat

Before you sign anything, check that the person on the other side has the right to let this flat. The basis is the land and mortgage register number (numer księgi wieczystej) and an identity document matching the owner’s entry.

If the flat is let by an attorney or by one of several co-owners, you need a power of attorney or the consent of the others. If it is let by the existing tenant (subletting), they must have the owner’s written consent.

The deposit

The deposit secures the landlord’s claims, most often the equivalent of one or two months’ rent. The agreement must contain three things: its amount, what it may be used for and the deadline for its return after the tenancy ends.

A deposit is not a prepayment of rent. A clause saying “the last month is paid from the deposit” looks convenient, but in practice it deprives the landlord of security exactly when it is most needed, at the handback of the flat.

The handover protocol

This is the document that settles most later disputes over the deposit. It is drawn up when the keys are handed over and records:

• meter readings: electricity, water, gas, heating, with the date of the reading;
• furnishings: what is in the flat and in what condition;
• existing defects and signs of wear, with photos.

Without a protocol with photos, the discussion at move-out comes down to one person’s word against another’s, and it is usually settled by whoever holds the deposit.

Rent, charges and what hides behind “plus charges”

Separate three things in the agreement, because they are three different payments:

1. Rent is the amount for the landlord.
2. Administrative charge is the fee to the owners’ association or housing cooperative, usually a fixed monthly amount.
3. Metered charges cover electricity, gas and water, and are settled according to consumption.

The agreement should say who pays which and how the amount changes when the association raises its rate. A clause such as “charges according to actual consumption”, without specifying how they are settled, is a source of misunderstandings about the annual reconciliation.

Separately, there are the rules for rent increases. In a fixed-term agreement, rent is in principle fixed for the duration of the agreement, unless the agreement expressly provides for an indexation mechanism.

Fixed term or indefinite term

This is not a formality but a choice about who has more freedom to leave.

A fixed-term agreement gives both parties predictability, but it can be terminated only in the cases listed in the agreement itself. If you list none, it cannot be terminated early, and that works both ways.

An indefinite-term agreement is more flexible for the tenant, while the landlord is bound by statutory notice periods and grounds for termination arising from the protection of tenants’ rights.

Occasional lease (najem okazjonalny): what it changes

This is a separate regime, available to an owner who is a private individual and does not let the property as part of a business. The key element is the tenant’s statement, in the form of a notarial deed, submitting to enforcement of the obligation to vacate the premises, together with the designation of another property to which they can move.

For the landlord this is real protection against a tenant who stops paying and will not leave; without it, the route leads through eviction proceedings. For the tenant it means a concrete obligation and a visit to the notary, but in practice often a condition of getting the flat.

An occasional lease agreement is reported to the head of the tax office, and the landlord has 14 days from the start of the tenancy to do so. Failure to report means the occasional regime does not work, despite the signed documents.

Before you sign: five questions

1. Is the person letting the flat the owner, or do they have a power of attorney?
2. Does the handover protocol include meter readings and photos?
3. Is it clear who pays the administrative charge and how the meters are settled?
4. In a fixed-term agreement, have the grounds for termination been written in?
5. Are the amount of the deposit, its purpose and the deadline for its return set out?

If anything on this list is unclear, write to us. Checking a rental agreement takes a short conversation and costs many times less than a dispute over the deposit.