Tenancy and Lease - Lawyer in Poland
Concept; rent.
By a tenancy contract, a landlord commits to hand over a thing for a tenant's use for a fixed or non-fixed term, and the tenant commits to pay the landlord an agreed rent. Rent may be specified in money or in performances of another type.
Form.
A real estate or premises tenancy contract for longer than one year should be executed in writing. If this form is not observed, the contract is deemed executed for a non-fixed term.
Extension of tenancy
A tenancy contract executed for longer than ten years is, after this period passes, deemed executed for a non-fixed term.A tenancy contract executed between entrepreneurs for longer than thirty years is, after this period passes, deemed executed for a non-fixed term.
Condition and maintenance of property.
The landlord should hand over the thing to the tenant in a condition fit for the agreed use and maintain it in this condition throughout the tenancy period. Minor outlays connected with normal use of the thing are borne by the tenant. If a rented thing is destroyed due to circumstances for which the landlord is not liable, the landlord is not obliged to restore it to its former condition.
Necessary repairs.
If, during the tenancy period, the thing requires repairs which encumber the landlord and without which the thing is not fit for the agreed use, the tenant may set the landlord an appropriate period to carry out the repairs. After the given period passes to no effect, the tenant may carry out the repairs needed at the landlord's cost.
Implied warranty for defects.
If a rented thing has defects which limit its suitability for the agreed use, the tenant may demand an appropriate reduction in rent for the duration of the defects. If, at the time of hand-over to the tenant, the thing has defects which preclude the thing being used as provided for in the contract, or if the defects arise later and the landlord does not, despite receiving a notice, remove them in an appropriate time, or if the defects cannot be removed, the tenant may terminate the tenancy without notice. A tenant cannot claim a rent reduction for defects in the rented thing or terminate the tenancy immediately if he was aware of the defects at the time the contract was executed.
Third party claims.
If a third party brings claims against the tenant concerning a rented thing, the tenant should immediately notify the landlord thereof.
Manner of using a thing.
During the tenancy period, the tenant should use the rented thing in the manner set forth in the contract, and if the contract does not set forth the manner of use - in a manner corresponding to the properties and the purpose of the thing.§ 2. If, during the tenancy period, repairs become necessary which encumber the landlord, the tenant should immediately notify the landlord thereof.
Changes and improper use.
Without the landlord's consent, the tenant cannot make changes to the rented thing contrary to the contract or the purpose of the thing. If the tenant uses the thing contrary to the contract or the purpose of the thing and, despite a warning, does not cease using it in this way or if he neglects the thing to such an extent that the thing is at risk of being lost or damaged, the landlord may terminate the contract without notice.
Subletting; free of charge use.
The tenant may hand over the whole rented thing or part thereof to a third party for free of charge use or sublet it if the contract does not prohibit it. If the thing is handed over to a third party, both the tenant and the third party are liable towards the landlord for using the rented thing in accordance with the obligations arising from the tenancy contract. The relationship arising from a contract for free of charge use or subletting executed by the tenant is dissolved at the end of the tenancy at the latest.
Payment date.
The tenant is obliged to pay rent at an agreed time.If the rent payment period is not fixed in the contract, the rent should be paid in advance, and namely: if the tenancy is not to be longer than one month - for the whole tenancy period, and if the tenancy is to be longer than one month or if the contract is executed for a non-fixed term - monthly, by the tenth day of the month.
Pledge right
To secure the rent and additional performances in which the tenant defaults for not longer than one year, the landlord has a statutory pledge on the tenant's movables brought into the rented object unless the things cannot be the subject of attachment.
Extinction.
The landlord's statutory pledge is extinguished when the pledged things are removed from the rented object. The landlord may object to pledged things being removed and retain them at its own risk until the overdue rent is paid or secured. If pledged things are removed under an order issued by a state authority, the landlord retains the statutory pledge if, within three days, he reports it to the authority that ordered the removal.
Rent payment default.
If the tenant defaults in paying rent for longer than two full payment periods, the landlord may terminate the tenancy without notice.
Notice periods.
If the tenancy period is not fixed, both the landlord and the tenant may terminate the tenancy observing contractual notice periods, and in their absence, statutory notice periods.Statutory notice periods for tenancy termination are as follows: if rent is payable at intervals longer than one month, the tenancy may be terminated with three months' notice no later than at the end of a calendar quarter; if rent is payable on a monthly basis - with one month's notice at the end of a calendar month; if rent is payable at shorter intervals - with three days' notice; if rent is daily- with one day's notice. If the tenancy period is fixed, both the landlord and the tenant may terminate the tenancy in the instances specified in the contract.If the tenancy period is fixed, both the landlord and the tenant may terminate the tenancy in the instances specified in the contract.
Tacit extension.
If, after the period designated in the contract or in the termination notice, the tenant continues to use the thing with the landlord's consent, it is deemed, in case of doubt, that the tenancy has been extended for a non-fixed term.
Return of the thing.
When the tenancy ends, the tenant is obliged to return the thing in a non-deteriorated condition; however, he is not liable for normal wear and tear.It is presumed that a thing is handed over to the tenant in a good condition and fit for the agreed use.
Improvements.
If the tenant improves a rented thing, the landlord may, in the absence of a contract to the contrary, at its discretion, either retain the improvements against payment of a sum corresponding to their value at the time of return or demand that the previous condition be restored.
Statute of limitations.
The landlord's claims against the tenant for remedy of damage due to impairment or deterioration of the thing, as well as the tenant's claims against the landlord for reimbursement of outlays on a thing or for the return of overpaid rent become barred by the statute of limitations one year after the thing is returned.
Disposal of the tenancy object.
If a rented thing is disposed of during the tenancy period, the acquirer becomes a party to the tenancy in place of the transferor; it may, however, terminate the tenancy observing statutory notice periods. The above right to terminate the tenancy is not vested in the acquirer if the tenancy contract was executed for a fixed term in writing with an authenticated date and the thing was handed over to the tenant.
Termination by acquirer.
If, as a result of the tenancy being terminated by the acquirer of the rented thing, the tenant is forced to return the thing earlier than he would have been obliged to under the tenancy contract, he may demand that the transferor remedy the damage. The tenant should immediately notify the transferor of early termination by the acquirer; otherwise, the transferor will be entitled to any defenses against the tenant which the tenant has not raised and which, if raised, would render the acquirer's termination notice ineffective