Terminating a tenancy - when do we have the right to do so?

When we decide to rent a flat, we must be aware of the potential problems that may arise during the term of the agreement. Unexpected breakdowns, technical defects or even conflicts with the owner or flatmates – all this may make us want to terminate the agreement. When and how, under Polish law, can we do so?

An agreement for an indefinite period – is termination possible?

If we have decided to sign an agreement with the owner with no specified end date, we can rest easy – regardless of its content, we have the full right to terminate it, of course taking the notice period into account. The Civil Code sets this period at three months, but, as any good estate agent will point out, a separate provision on the notice period may appear in the agreement itself; in which case that provision applies. This matter is always worth discussing with the flat's owner before the tenancy begins.

And what about a fixed-term tenancy?

The matter is quite different if we conclude an agreement for a fixed term. Polish law does not provide for terminating such an agreement – it can be terminated only if an appropriate provision on the conditions of termination is included in the tenancy agreement. Otherwise we have no right to terminate, and the agreement will remain valid until the day on which it is due to end.

It is therefore very important to read the property tenancy agreement carefully and make sure that the owner gives us the right to end the agreement if necessary. If not – let us try to talk about it; an experienced estate agent, for example, can help.

Termination with immediate effect

Experience suggests that accidents happen – and renting a flat does not always go perfectly. In some situations we have the right to terminate the agreement with immediate effect, that is, without a notice period. Importantly, this applies to both indefinite and fixed-term tenancies. What situations are we talking about?

First of all, under the Civil Code, we can end the agreement immediately when the flat has defects that make it impossible to use and its owner has not remedied them in good time. What does this mean? If, for example, there is a serious failure in the plumbing, wiring or heating and the problem is not resolved (whether through the owner's fault or not), we can terminate the agreement immediately. The exception is when we were informed of the flat's defects before entering into the agreement – in that case we have no right to terminate.

The regulations also establish the right to end the agreement immediately where defects in the premises pose a threat to health; if we discover such a problem, we can terminate the agreement at any time.