Provisions in the Rental Agreement regarding animals (Poland)
In the world of lease agreements in Poland, the issue of animals in rented properties has become a significant problem for both owners and tenants. According to a recent survey by Dogs Trust, 72% of pet owners struggle to find pet-friendly accommodation and 28% have never been able to find a suitable property. This suggests that lawful pet owners are in high demand and often prove to be excellent tenants by paying rent on time and maintaining the property.
In this comprehensive article, we will discuss pet provisions in leases, combining valuable information from a variety of sources to provide the most up-to-date and comprehensive information. Whether you are a property owner or a tenant, understanding these provisions is crucial to a harmonious living environment.
What is a Polish Lease Agreement?
A Polish Tenancy Agreement, also known as a “rental agreement”, is a legally binding agreement between the owner (landlord) and the tenant (tenant) that sets out the terms and conditions of the lease of a residential property. There are different types of rental agreements in Poland, and the most popular are ordinary lease agreements and occasional rental agreements .
Key Elements of the Lease Agreement
1. Animal Provisions
In a Polish Tenancy Agreement, formally known as a “lease agreement”, several important elements are set out to ensure a clear and mutually beneficial agreement between landlord and tenant. These elements form the basis of the lease and it is crucial for both parties to understand them. Below we will discuss these key elements in detail:
2. Lease Period
This section sets out the agreed rental period. Specifies the lease start date and expected end date. Understanding the lease term is important because it determines the length of the tenant’s stay and the landlord’s obligation to deliver the property.
3. Rent Amount and Payment Schedule
The financial aspect of the contract is important. This section sets out the monthly rent amount the tenant is obligated to pay and sets out a payment schedule, including payment due dates. Understanding the rent amount and payment schedule is crucial for both parties to ensure that rent is paid on time and as agreed.
4. Deposit
The deposit is a means of protection for owners. This is a sum of money paid by the tenant at the beginning of the tenancy and is refundable at the satisfactory end of the tenancy period. This section sets out the amount of the bail, its purpose and the conditions under which it may be held.
5. Maintenance Obligations
Maintenance Responsibilities: Leases typically outline the responsibilities of both the tenant and the landlord to maintain the property. Tenants may be responsible for routine maintenance, while landlords typically handle structural issues or larger maintenance issues. Understanding these responsibilities is important to maintaining the condition of your property.
6. Provisions Regarding Animals
The topic of this article, pet provisions, is whether pets are allowed on the property, what types of pets are allowed, and what the responsibilities of both owners and tenants are regarding the presence of pets on the property. Understanding these provisions is important for the harmonious coexistence of tenants and their pets.
6.1. Tenant’s Right to Own Animals
Many lease agreements in Poland contain clauses regarding keeping animals. It is important that tenants are aware of their rights regarding animals in rental properties.
6.2. Owner’s consent
Before bringing an animal onto rental properties, tenants must obtain written consent from the landlord. This is standard practice in Poland and ensures that the owner is informed and consents to the presence of animals on the property.
6.3. Types of Animals Allowed
Lease agreements often specify the types of pets that are allowed. Dogs, cats and small caged animals such as hamsters are usually allowed. However, exotic or potentially dangerous animals are usually prohibited.
6.4. Liability for Damage
Tenants are usually responsible for damages caused by their pets. This includes repairing damage to the property or replacing items damaged by the animal.
6.5. Additional Pet Deposits
In some cases, owners may require an additional pet deposit to cover potential pet-related damage or cleaning costs. This deposit is separate from the standard deposit.
6.6. Pet Policy and Restrictions
Lease agreements may include specific pet policies and restrictions. They may include requirements that pets be on a leash, not left alone, or even the number of pets allowed on the property.
6.7. Termination for Breach of the Pet Policy
If a tenant violates pet provisions, the landlord may have grounds to terminate the lease. However, proper legal procedures must be followed.
6.8. Value of Pet Permit
A competing article raised an important point about allowing pets in rental properties. The fact is that many pet owners are responsible people who care for their animals conscientiously. For property owners, considering tenants with pets can have many benefits, including a broader base of potential tenants and the ability to attract responsible, long-term tenants.
Is a Pet-Friendly Rental Right for You?
For property owners who are considering renting their property to pets, it is important to evaluate the types of pets allowed on the property and include this information in the rental agreement. Failure to comply with these provisions may constitute an important reason for terminating the lease agreement in accordance with Art. 11 section 2 point 1 of the Act on the Protection of Tenants’ Rights.
Property Protection Against Animal Damage
When considering the possibility of keeping animals in your rental property, it is important to take steps to protect your investment from potential damage resulting from the presence of animals. Standard insurance policies, such as renter’s or landlord’s insurance, often do not cover such damage. To protect your property, consider the following strategies:
Rent Adjustment for Tenants with Pets
One approach is to set a slightly higher rent for tenants with pets or agree on a rent amount tailored to the specific tenant. This allows for the potential wear and tear associated with different types of animals to be taken into account.
Additional Pet Deposit
You can also enter an additional deposit for pets. This deposit is separate from the standard deposit and is intended specifically to cover any pet-related damage or additional cleaning costs. This is additional security that can provide owners with peace of mind.
Detailed Animal Information
Include a section in your lease that details pets on the property. This should include:
- Specific types of animals allowed.
- Clear responsibilities for proper animal care, including feeding, grooming and activity.
- Procedures in situations where the tenant is absent and the pet remains on the property.
- Proof of current vaccinations and written confirmation from a licensed veterinarian.
- Tenant’s obligations to ensure that the animal does not cause damage to the property or cause nuisance to neighbors.
Regular Property Inspections
Periodic property inspections are essential, especially in rental properties with pets. Regular inspections can help detect pet-related damage early, allowing for timely repairs or maintenance. Clear communication with tenants about inspection schedules is important to maintain a positive landlord-tenant relationship.
By implementing these strategies, you can minimize the potential risks associated with allowing pets in your rental property, ensuring the continued integrity of your investment.
Allowing pets to be kept in your rental property can be a beneficial arrangement if managed properly. Both property owners and tenants can benefit from open communication and compliance with clear conditions regarding animals in the lease agreement.
Summary
In Poland, lease agreements are important legal documents that cover various aspects of the relationship between the landlord and the tenant. Provisions regarding animals should be understood by both parties to prevent conflicts and maintain a harmonious environment. For both landlord and tenant, the decision to allow pets should be made carefully, taking into account both the potential benefits and risks.
Frequently asked questions
Can a landlord in Poland refuse to keep animals on his property?
Yes, a landlord can refuse to keep pets on their property or set certain conditions under which pets are allowed.
Is there a limit to the number of animals I can keep in my rental property in Poland?
The number of pets allowed in a rental property may vary and is usually specified in the rental agreement.
What happens if my pet damages my rental property in Poland?
Tenants are usually responsible for damage caused by their pets, and this may be deducted from the security deposit.
Can a landlord evict a tenant in Poland for having a pet without consent?
Yes, if a tenant violates the pet policy and does not remedy the situation, the landlord can initiate eviction proceedings.
Are there any legal requirements for landlords to specify their pet policy in the lease?
Although not required by law, it is good practice for landlords to specify their pet policies in the lease to avoid confusion with tenants.
