The most important elements of a tenancy agreement

Before signing or drawing up a tenancy agreement, it is worth checking that it complies with the law. This matters because every provision must be lawful, since in the event of any non-compliance such an agreement becomes unlawful. In Poland, a tenancy agreement is governed by the Act on the Protection of Tenants' Rights and the Municipal Housing Stock, and by the Civil Code. Below is a checklist of the most important elements of every tenancy agreement.

What should a tenancy agreement contain?

1. A precise description of the parties to the agreement, i.e. identification of the landlord (the person who lets the flat) and the tenant (the person who rents the flat), together with their identity card or passport numbers, addresses and PESEL numbers.

2. A precise description of the subject of the agreement, i.e. what is being let, e.g.:

• the whole flat,
• part of the flat with access to the kitchen and bathroom,
• a parking space,
• a cellar.

3. Setting the term of the tenancy by specifying:

• the date on which the property is handed over to the tenant,
• the end date of the tenancy, or an indication that it is an open-ended agreement.

4. Setting out the rules for any extension of the tenancy agreement or the rules for early termination of the tenancy.

5. The purpose for which the property is let, i.e. for a flat – letting for residential purposes, or for a garage – letting for storing, for example, a motorcycle.

6. When letting a flat, it is worth taking a moment to state the number of people who will live in the property, because the level of charges for, for example, refuse collection, heating or administrative fees depends on it.

7. Stating the amount of the deposit, and how and when it is to be paid and returned.

8. The most important thing for the landlord is payment. At the start it is worth establishing who bears the burden of charges arising from membership of the homeowners' association or housing cooperative, charges for utilities and the service charge (czynsz). From the landlord's point of view, it is worth stating a single amount (including the rates for all charges arising from living in the given unit) and presenting it to the tenant for payment. We must also state by when, how, how often and to whom the money is to be paid.

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9. Stating the landlord's obligations (e.g. keeping the wiring, plumbing and heating in working order and carrying out routine repairs) and the tenant's obligations (e.g. keeping the flat clean).

10. Setting out the owner's right to inspect the property by precisely specifying the form of inspections and how dates are to be arranged.

11. Listing the documents that are annexes to the agreement. Most often these are: the handover protocol, instructions, house rules and resolutions of the homeowners' association.

12. Including legal provisions stating that data will be processed solely for the purpose of performing the agreement, naming the competent court for any disputes, and stating the number of copies of the agreement made.

13. Signatures of the parties.

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