For both sides
Rental agreement — what to check before you sign
A tenancy agreement settles three things: how much you pay, for how long, and on what terms either side can end it. Everything else is detail around those three.
Legal status as of October 9, 2026
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Check this before signing
- Who owns the flat — the land register number and the ID of the person signing
- A power of attorney if someone other than the owner signs
- The term: fixed (to a date) or open-ended
- Notice conditions — separately for the tenant and for the owner
- The rent and exactly what it covers
- Building charges and utilities: who pays, to whom, on what basis
- The deposit amount and the deadline for returning it
- A handover report with meter readings and photographs
- Consent for pets, subletting and working from the flat
- Who covers minor repairs and who covers breakdowns
How to read the agreement, step by step
- 01
The parties and the title to the property
Check that the person signing owns the flat. The land register (księga wieczysta) number lets you verify this yourself in the Ministry of Justice search. If an attorney or a manager signs, ask for the power of attorney and keep a copy.
Flats are often co-owned. If there are several owners, all of them should sign, or one of them on the basis of the others' authorisation.
- 02
The term
A fixed-term agreement gives the tenant certainty that notice will not arrive at a random moment, but it binds them too: such an agreement can only be terminated early in the situations written into it. An open-ended agreement is more flexible for both sides but guarantees no stable end date.
If the option to leave early matters to you, it must be written into the agreement explicitly. "By mutual agreement" is not a right of termination — it merely states that the parties may agree.
- 03
Rent and charges
Separate three amounts: the rent paid to the owner, the building or cooperative charges, and metered utilities. Listings often quote them together; the agreement should keep them apart, with who pays whom and by when.
Utility advances are settled at the end of a billing period. Ask before signing how the last settlement turned out — it is the only way to avoid a surprise a year later.
- 04
The deposit
Agree the amount, how it is handed over and the conditions for its return. The agreement should state when the deposit comes back after the flat is handed over and what the owner may deduct from it.
A deposit secures arrears and damage, not ordinary wear. Scuffed floor varnish after two years is wear; a torn-off hinge is damage.
- 05
The handover report
This is the most important annex and the one most often done in a hurry. Write down every meter reading, list the furnishings and describe the defects that already exist. Take photographs and attach them — a year later nobody remembers whether the scratch on the worktop was there from the start.
Both sides sign the report and each keeps a copy. Without it, a dispute over the deposit comes down to one word against another.
- 06
Ending the tenancy
Check what condition you must return the flat in and how the final inspection works. A good clause gives time to fix defects before the closing report — it prevents deductions for things the tenant would have repaired themselves.
What the law gives the tenant regardless of the agreement
Residential tenancy in Poland is governed by the Tenants' Rights Protection Act, and its provisions cannot be contracted out of. A clause contrary to the Act simply does not work, even if both parties signed it.
This covers, among other things, how the owner may terminate the agreement, the rules for raising the rent and the periods after which an increase takes effect. Nor may an owner cut off utilities or change the locks to push a tenant into leaving.
The exception with a different set of rules is the "occasional tenancy" (najem okazjonalny), where the tenant names in advance a property they will move out to and signs a notarised submission to enforcement. We describe it separately.
The clauses that most often cause disputes
Contractual penalties for ending the tenancy early. They are sometimes set at several months' rent and do not always hold up in a dispute — but establishing that requires going to court. Better to negotiate them before signing than to count on them being unenforceable.
Repair liability described in a single line such as "the tenant shall look after the premises". A sensible agreement splits it clearly: everyday wear on the tenant, installation failures and appliance replacement on the owner.
Owner visits. A rented flat is the tenant's home, so inspection dates are arranged in advance. A clause giving the owner "the right to enter at any time" is a signal to discuss it.
The number of occupants and registration of residence. If you plan to register your temporary residence, say so before signing — registration grants no rights to the flat, but it does surprise owners who were not expecting it.
What the owner should keep in mind
A complete set of documents at the start saves the most: a signed agreement, a handover report with photographs, confirmation that the deposit was paid, and a copy of the tenant's ID to the extent data protection rules allow.
The owner's insurance covers the structure and their own furnishings, not the tenant's belongings or the tenant's liability. It is worth having the tenant hold their own policy — and worth stating that in the agreement.
Income from private rental is taxed as a lump sum, and the first payment falls in the month after the first rent. We cover the rates and deadlines in a separate article.
Frequently asked questions
Does a rental agreement have to be in writing?
An agreement for longer than a year should be in writing; concluded orally it is treated as open-ended. Regardless of the rules, writing is in both parties' interest — without it you cannot prove the rent or the condition of the flat.
Can the owner raise the rent during the tenancy?
Yes, but not overnight and not at will. The increase is served in writing with the notice period set by the Tenants' Rights Protection Act, and the tenant may demand a justification. If a fixed-term agreement sets the rent for the whole period, the agreement governs.
Can I terminate a fixed-term agreement?
Only in the cases listed in it. If the agreement provides no notice right, your options are an agreement with the owner or finding a successor with their consent. That is why early-exit terms are negotiated before signing, not after.
What if the owner does not return the deposit after I move out?
Start with a written demand setting a deadline and a bank account. If that fails, the court route remains — and then documentation decides: the handover report with photographs, proof the deposit was paid, and the correspondence. A dispute without a report is a dispute about impressions.
This text describes the legal position as of the date above and is informational — it does not replace legal advice on a specific case. If your situation differs from the one described, write to us or consult a lawyer.
See also
Still have a question?
Write to us — we answer specific questions specifically, even if you are not looking for a flat yet.
We call back every day, 10:00–18:00We speak English