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What notice period should be included in a flat rental agreement?

· Renting property ·

Text from 2022. Laws, rates and prices may have changed since then. Ask an agent

what notice period for a flat rental

Every flat rental agreement should contain an appropriate notice period. How long should it be? It all depends on the period for which it was concluded. When renting through an agency, the estate agent will always tell us which deadlines must be observed. Nevertheless, both the tenant and the landlord should know how long the notice period is.

A fixed-term rental agreement

One of the most commonly signed rental agreements is the fixed-term one. This means that a relevant clause in the documents specifies the exact day after which the tenant must leave the flat. When renting from private individuals, a one-month notice period is most often used. Of course, the parties may agree otherwise. Why is it worth including such a clause in the agreement? It is a convenient solution for both sides. If the tenant decides at some point to give up the rental, the landlord has a month to find a new tenant. This is particularly useful for flats bought specifically to let. The notice period makes it possible to find a new tenant so that the flat does not stand empty for a while.

On the other hand, the notice period is also very useful to the person who lives in the flat. If the landlord suddenly decides to terminate the agreement, the tenant has time to look for a new place. A month is generally enough to find something without being left without a home.

Renting a flat for an indefinite period

For agreements of indefinite duration, a longer notice period is used. It may be two or even three months. Estate agencies in Katowice and other cities recommend this solution. As with fixed-term agreements, it is an option that benefits both sides. A tenant renting a flat for an indefinite period usually expects to stay in it for a long time, so if given notice, they will have as many as three months to find another place that suits them. The landlord, in turn, has plenty of time to find new tenants.

No notice period - what then?

It does happen, however, that the agreement does not include a notice period. What then? It means that the rental period ends on the day stated in the agreement. If, however, it is an agreement of indefinite duration, we proceed in accordance with the provisions of the Civil Code. Such an agreement can be terminated with three months' notice.

It is definitely better, though, to state the exact notice period in the agreement. Both sides then have clarity about the terms of the tenancy. It also avoids any doubts, ambiguities or even problems when one party wants to end an ongoing agreement.

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