LEASE CONTRACT

- GUIDE

Dear Students,
Please be informed that, according to the Polish Law, the general rule is that if the period
of a lease in a lease contract (umowa najmu) is specified, both the lessor (wynajmujący) and
the lessee (najemca) may terminate (wypowiedzenie) the contract of lease by a notice in the
events provided for in said contract. If the period of the lease of premises is not definite and
the rent (czynsz) is payable monthly, the lease may be terminated by a notice three months
before the end of a calendar month at the latest.
Taking that into consideration, please also check, before concluding the contract of lease, the
duration of the contract.
If the contract will be concluded for a definite period of time and there will be no provision
allowing the termination of the contract before the end of it - you will be supposed to pay all
rents until the end of the contract. In that situation the only way to terminate the contract early
will be mutual termination agreement (umowa rozwiązująca) of the lease contract (please
remember that lessor is not obliged to execute the termination agreement – it is the lessor’s
goodwill only). In practice very often landlords agree to terminate the agreement only if you
find someone in your place.
Moreover, please remember that, in accordance with the Polish Law, the conclusion of a
lease may or not be dependent on tenant paying a deposit (kaucja). If the deposit was paid (in
practice it is always required) and you leave the apartment before the day which was stated
in the lease contract for a definite period of time, then the deposit may be taken by the lessor
and credited towards back rent (and of course the lessor may demand outstanding rents in
court proceedings).
Taking that into consideration we recommend that you conclude the lease of contract only for
the duration of the academic year or for indefinite period of time.
Please be also informed that if you sign contract with your friends (for instance where there
are three lessees), the lessor may demand the whole rent and select one of you to settle it. If
you are not sure about your friends, then it will be better to conclude a separate agreement
for each respective lessee. As a result, you will be not responsible for the whole rent but for
the part which is stated in your contract.