Renting a flat and the residence registration requirement
Text from 2019. Laws, rates and prices may have changed since then. Ask an agent
You often hear that landlords want to avoid having their tenant registered. Is a tenant required to register? What are the consequences of declaring permanent residence? We explain the nuances of the issue and prove there is nothing to be afraid of!
• Tenant and landlord• The registration requirement
• Who registers the tenant?
• Risk
Tenant and landlord
Let us start with the basics, that is, the terms defining the parties to a tenancy agreement. The owner of the flat that is the subject of the agreement is the landlord (wynajmujący). They hand over the dwelling for use to the tenant (najemca) for the period specified in a document drawn up and signed by both parties.
These two terms are often confused with each other, so it is worth paying them particular attention, especially when it is necessary to distinguish between the obligations and rights of the landlord and the tenant.
The registration requirement
The topic of the residence registration requirement comes up in discussions every so often. Every now and then we hear that soon we will be able to forget about it. The new ID cards – as if prepared for the coming changes – no longer contain information about the home address, and yet every Polish citizen must still be registered somewhere.
In practice, however, this matters little in the context of renting. A student moving to another city for several years of study usually remains registered at the family home. When going away for work, too, we do not usually trouble ourselves much with temporary registration.
There are, however, situations in which registration at the new address may come in useful. This applies above all to students or foreign workers. Who should deal with the formalities in such a situation?
ALSO READ – RENTING A FLAT TO FOREIGNERS
Who registers the tenant?
Under the law, registration of residence is an administrative act that merely confirms the place of residence. So if we hold the right to use residential premises – for example by signing an agreement with the landlord – we can at the same time register ourselves, without intermediaries.
It is important that the presence or consent of the flat's owner is not required. All we need is a document entitling us to use the premises – for example a tenancy agreement. In other words: the landlord does not even have to know that the tenant has decided to register, and, most importantly, has no way of forbidding it.
Any provisions in a tenancy agreement that prohibit registration are unlawful and therefore not binding. When drawing up such a document, however, it is worth stipulating, just in case, that the tenant may register only for the duration of the agreement.
Risk
Surprisingly often, people talk about the risk of registering a tenant. Is that justified? The law and practice say no. A tenant's registration does not change the legal relationship between them and the owner of the flat. If any problems arise, we can still terminate the agreement and remove a dishonest tenant (for example, one who does not pay rent) from the flat. So there is nothing to fear – all the more so as we have no influence over it anyway.
