Household Regulations in Poland: A Guide for Tenants and Owners
Understanding household regulations, or “regulamin korzystania z mieszkania,” is crucial for tenants and property owners in Poland. These regulations define the rights and responsibilities of both parties, ensuring a harmonious living environment and legal compliance.
1. The Legal Framework
Navigating the world of tenancy in Poland requires understanding the legal framework that governs the landlord-tenant relationship. In Poland, the tenant-landlord dynamics are shaped by various legal provisions, ensuring fairness and clarity in the housing sector.
Key Legal Acts Governing Tenancy in Poland
- Civil Code Act of April 23, 1964: This foundational legal document provides the overarching framework for lease agreements in Poland. It outlines the general legal obligations and rights of both landlords and tenants, setting the stage for all rental agreements.
- Tenant Protection Act of June 21, 2001: Specifically tailored to protect tenant rights, this act complements the Civil Code by focusing on tenant protections, housing stock management by communes, and amendments to the Civil Code that benefit tenants.
- Civil Proceedings Code of November 17, 1964: Essential for understanding the legal proceedings related to tenancy issues, this code outlines the procedural aspects of civil law that impact tenancy agreements and disputes.
2. Types of Lease Agreements
There are three primary types of lease agreements for residential premises in Poland:
- Standard Lease Agreements: These can be concluded with any type of landlord and for either a fixed-term or indefinite period.
- Occasional Lease Agreements: These are specific to landlords who are natural persons not conducting business in renting premises.
- Institutional Lease Agreements: These are applicable only to landlords who are entrepreneurs in the field of renting premises.
3. Key Obligations and Rights
- Landlords are obliged to hand over the premises to tenants and maintain it in a condition fit for the agreed use. They may also charge additional fees for utilities or services.
- Tenants must pay rent as agreed and use the premises as specified in the contract or, if not specified, in a manner corresponding to the residential purpose of the lease.
4. Flexibility in Contractual Terms
While parties to a lease have considerable freedom to shape the content of the contract, they must not violate mandatory legal provisions, community life principles, or the nature of the lease.
5. Rent Payment Specifications
Rent is typically paid in advance in monthly periods, with the method of payment specified in the contract. Rent in foreign currencies is rare, with most rent payments made in PLN.
6. Handling Premises Handover
A protocol should be drawn up before handing over the premises, specifying the technical condition and degree of wear of the installations and equipment. This protocol is crucial for settlements when returning the premises.
7. Landlord’s Access to Rented Premises
Landlords are entitled to access the premises only under extraordinary circumstances, such as to remove failures causing damage or threatening damage.
8. Changes and Improvements by Tenants
Tenants may not make changes to the rented premises without the landlord’s consent. Any improvements made need to be mutually agreed upon and documented.
9. Subletting and Free-of-Charge Use
Tenants are not allowed to sublet or hand over the premises for free-of-charge use without the landlord’s consent.
10. Tenant’s Rights in Case of Defects
Tenants may demand a rent reduction or even terminate the lease without notice if the rented premises have defects limiting its suitability for the agreed use.
11. Condition of Premises at Lease End
At the end of the lease, tenants are obligated to return the premises in a non-deteriorated condition, accounting for normal wear and tear.
12. Tenant Liability for Damages
Tenants can be liable for damages due to non-performance or improper performance of lease obligations, or for torts committed against the landlord.
Conclusion
Understanding these regulations is vital for both tenants and owners in Poland. It ensures legal compliance, protects the rights of both parties and facilitates a harmonious living environment. By adhering to these guidelines, tenants and landlords can avoid legal disputes and maintain a positive rental relationship.
