Renting a flat to a family with children
Text from 2019. Laws, rates and prices may have changed since then. Ask an agent
Letting a flat to tenants is an additional source of income, and more and more people take advantage of this solution. Those with experience warn, however, that it is worth thinking about whom you entrust your home to. It turns out that renting a flat to a family with children can cause considerable trouble. What should you pay attention to in order to avoid problems?
• Renting a flat. What does Polish law say?• A family – problem tenants?
• The child's age does not matter
• The occasional tenancy agreement
Renting a flat. What does Polish law say?
Tenants' rights have been defined by the Polish legislator. The Act of 21 June on the protection of tenants' rights, the municipal housing stock and amending the Civil Code contains detailed provisions on this subject. It sets out all the necessary information on the rules under which agreements with a tenant are drawn up and what conditions must be met to terminate such a relationship. The second of these issues requires particular attention. The regulations specify, among other things, that a tenant can expect the tenancy agreement to be terminated in several cases. This risk arises when the tenant uses the flat contrary to its purpose, breaches domestic peace or is in arrears with rent for at least 3 months. The number of provisions on misconduct by the landlord and the tenant is considerable.
It is a fact, however, that anyone who fails to follow generally accepted rules must reckon with the termination of the agreement. The same applies to renting a flat to a family with children. Such tenants must know that the provisions of the agreement are binding on them. At the same time they are protected by Polish law and, if they fall into arrears, they cannot be thrown out of the flat without being provided with other shelter.
Let us remember that when a court considers granting social housing, it has the tenants' rights in mind. They must receive accommodation, most often from the municipal stock. This provision is important because it shows that under Polish law there is no way of leaving anyone "without a roof over their head". As we can see, this also applies to a family with children. The problem is, however, far more complex. Where municipal housing is not allocated (which happens more and more often), the family has the right to occupy the flat in which it has lived until now. This situation has been recurring in recent years because municipal flats are in short supply in many Polish cities. This means that troublesome tenants may remain in the flat even many years after an eviction order has been issued against them.
READ ALSO – GDPR AND RENTING A FLAT
A family – problem tenants?
The difficulties of letting premises to a family with children are not only legal. Online forums feature posts that illustrate what difficulties may arise. People who comment there generally point out that such tenants can be very problematic. Above all, the issue is that the young residents damage the walls of rooms, leaving them defaced and dirty, and parents often do not feel obliged to compensate the owners for the loss. The latter in turn believe that the cost of any renovation would not be covered even by the non-refundable deposit collected from tenants.
The child's age does not matter
Those who comment on renting a flat to a family with children leave no illusions. They take the view that the child's age is irrelevant. A small tenant is problematic at every stage of development. An infant makes noise, a schoolchild is unusually boisterous and can cause a great deal of damage. Moreover, a young person is irresponsible and it is hard to predict what damage will result from their behaviour, which puts off those who would like to let a flat.
The occasional tenancy agreement
The difficulties of letting a flat to a family with a child do not mean that you should give up working with such tenants. It is worth, however, preparing the agreement covering their stay carefully. If you do not fully trust the tenant, it is a good idea to draw up an occasional tenancy agreement (umowa najmu okazjonalnego). This is often used when renting a flat to workers from Ukraine. In a document drawn up this way, with the involvement of a notary, a clause is included stating which premises the tenant is to move to after the agreement expires or as a result of a breach of its provisions. If problems arise in getting rid of an unwanted tenant, you should take the document to court to obtain an enforcement clause. The case then goes straight to the bailiff. Proposing to sign such an agreement has an important advantage. It may well deter tenants who could be problematic.
The issue of renting a flat to a family with children is quite complicated. It has also attracted many comments. It is worth discussing it with professionals. The experts at REMAX Gold will suggest how to proceed when renting a flat to a family with children.
