A rental contract in Poland is not just confirmation of the rent and move-in date.
It determines how long you can stay, when either side can end the tenancy, who pays particular costs, whether the rent can increase, who may live in the property and how the flat must be returned.
For newcomers, one of the biggest risks is assuming that a clause means what it would mean in another country. Polish residential leases operate within both the Civil Code and the Act on the Protection of Tenants’ Rights, while special regimes such as najem okazjonalny and najem instytucjonalny work differently in several important respects. Civil Code
The safest approach is to read the contract as a practical set of rules for the next year of your life rather than treating it as paperwork to sign after agreeing the price.
At a glance
| Check | Why it matters |
|---|---|
| Contract type | Ordinary, occasional and institutional tenancy have different rules |
| Fixed or indefinite term | Changes how the tenancy can end |
| Early termination | A fixed-term contract may be difficult to leave unless the contract provides appropriate grounds |
| Rent increases | Ordinary residential tenancy has statutory rules; occasional and institutional tenancy rely more heavily on the contract |
| Utilities and charges | The contract should distinguish rent from other costs |
| Deposit | Check what it secures and how deductions are handled |
| Repairs | Private leases can allocate some responsibilities differently from statutory defaults |
| Landlord access | The landlord does not have a general right to enter whenever they wish |
| Occupants and subletting | Written consent may be needed |
| Handover protocol | Critical evidence if there is a later deposit dispute |
Start by identifying what kind of tenancy you are signing
Before reading individual clauses, establish the legal structure.
A normal residential lease is simply an umowa najmu — tenancy agreement.
You may instead be offered:
- najem okazjonalny — occasional tenancy, used by a private individual owner who is not operating a rental business;
- najem instytucjonalny — institutional tenancy, used by a landlord operating a business in renting residential premises.
These are not merely different names for the same agreement.
Najem okazjonalny must be for a fixed term of no more than ten years and comes with additional documents, including a notarial declaration concerning enforcement and vacating the property. Najem instytucjonalny also uses a notarial enforcement declaration and is always concluded for a fixed period. Tenant Protection Act
This distinction matters because some of the standard tenant-protection provisions that apply to ordinary residential leases do not apply in exactly the same way to these special forms.
Is the contract fixed-term or indefinite?
Look for:
- czas określony — fixed term;
- czas nieokreślony — indefinite term.
This is one of the most important clauses in the entire agreement.
A fixed-term lease might run, for example, from 1 October 2026 to 30 September 2027.
An indefinite lease continues until it is terminated under the applicable rules.
The Civil Code provides that a property lease intended to last longer than one year should be made in writing. If that form is not observed, it is treated as an indefinite tenancy. Civil Code
In practice, you should insist on a written agreement regardless of the planned duration.
Do not assume a 12-month contract can always be ended with one month’s notice
This catches many tenants out.
For an indefinite tenancy, termination can normally take place using the agreed notice periods or, where the contract does not set them, the statutory rules.
For a fixed-term tenancy, Article 673 §3 of the Civil Code provides that the parties may terminate it in the circumstances specified in the contract. Civil Code
That makes the early-termination clause especially important.
If you are signing for 12 months but might need to move because of a job change, relocation or personal circumstances, do not assume that writing “I give one month’s notice” will automatically end the agreement.
Look for wording that explains when early termination is possible.
For example, the contract might allow termination where:
- you permanently relocate for work;
- you lose the legal right to remain in Poland;
- the parties agree to replacement by another tenant;
- particular serious contractual breaches occur.
The exact drafting matters.
A fixed end date gives both parties certainty, but it can also reduce flexibility.
What notice period applies to an indefinite tenancy?
For residential premises rented for an indefinite period with rent paid monthly, the Civil Code provides a statutory notice period of three months, ending at the end of a calendar month. Civil Code
Do not confuse this with the more general Civil Code rule for ordinary leased property, which contains different default periods depending on payment frequency. Residential premises have a specific rule.
The landlord’s ability to terminate a residential tenancy is also restricted by the Tenant Protection Act.
For an ordinary residential tenancy, an owner generally cannot simply end the agreement because they have changed their mind. The Act sets out specific grounds and normally requires written notice stating the reason.
Check the landlord’s termination clause carefully
Contracts sometimes contain broad wording such as: “The landlord may terminate the contract with one month’s notice without giving a reason.”
Do not assume that wording overrides statutory tenant protection.
For ordinary residential tenancy, the Tenant Protection Act says that where the tenant pays for use of the property, termination by the owner can take place only on the statutory grounds identified by the Act, subject to the relevant exceptions. Notice must be in writing and state the reason.
Those grounds include circumstances such as serious or repeated misuse of the property, substantial rent arrears after the required warning procedure, unauthorised subletting and particular circumstances in which the owner or qualifying family member intends to live in the property.
The precise procedure matters.
For example, ordinary residential rent arrears do not normally permit immediate termination after one missed payment. The Act refers to arrears covering at least three full payment periods and requires a written warning plus an additional one-month period to settle the outstanding and current amounts before the relevant termination route can be used.
Check exactly how rent increases work
Do not look only at the starting rent.
Ask: Can it increase during this tenancy, and how?
For an ordinary residential tenancy, the Tenant Protection Act generally requires a three-month notice period for a rent increase, unless the contract provides a longer period. The notice of the new amount must be made in writing.
Ordinary rent and other owner-controlled charges generally cannot be increased more often than once every six months. Charges independent of the owner, such as certain utility costs, are treated differently.
Where the statutory conditions for challenging an increase apply, the tenant can in specified circumstances request justification and calculation or challenge the increase through the courts.
Najem okazjonalny is different
For najem okazjonalny, the Act states that the landlord can increase the rent only according to the conditions set out in the contract.
The same principle applies to najem instytucjonalny.
That makes the rent-review clause much more important.
Watch for clauses allowing something vague such as: “The landlord may change the rent at any time according to market conditions.”
Before signing, ask for a precise mechanism: when, how often, with what notice and according to what measure.
Distinguish rent from other charges
A good contract should make clear which payments are:
- czynsz najmu — rent paid to the landlord;
- opłaty administracyjne / czynsz administracyjny — administrative or building charges;
- media — utilities.
For ordinary residential tenancy, the Tenant Protection Act distinguishes owner-controlled rent and charges from opłaty niezależne od właściciela — charges independent of the owner. Where those independent charges rise and are collected through the owner, the owner must provide the tenant with a written breakdown and reason for the increase.
Avoid a contract that simply says: “Tenant pays all charges connected with the flat.”
You should know what those charges actually are and how they are calculated.
Check the deposit clause
The deposit — kaucja — should be stated clearly.
The contract should explain:
- how much you pay;
- when you pay it;
- what liabilities it secures;
- whether it can be used for unpaid rent;
- how damage is assessed;
- when settlement takes place after move-out.
For an ordinary residential tenancy, the statutory maximum deposit can reach 12 times monthly rent, although normal market deposits are typically much lower.
For occasional and institutional tenancy, the statutory maximum is six times monthly rent. In those regimes the Act provides for return within one month after the property is vacated, after permitted deductions.
The important practical point is not simply the maximum: it is whether the contract gives the landlord an unlimited or vague right to keep the deposit.
A clause saying the deposit is automatically forfeited whenever the tenant leaves early, regardless of actual circumstances or liabilities, deserves careful scrutiny.
Make sure the contract refers to a handover protocol
A protokół zdawczo-odbiorczy records the condition of the property when it is handed over.
It should ideally form an attachment to the contract.
The Civil Code presumes, unless shown otherwise, that the rented property was handed over in good condition and suitable for the agreed use. It also says that the tenant must return it without deterioration beyond wear resulting from proper use.
That makes evidence at move-in extremely valuable.
The protocol should match the actual condition of the flat and should be supported by photographs.
Do not sign a protocol describing everything as “good condition” if there are already scratched floors, damaged furniture or defective appliances.
Check who pays for repairs
This is an area where generic advice can be misleading.
The Civil Code starts from the principle that the landlord should deliver the property in a condition suitable for the agreed use and maintain it in that condition, while minor expenditure connected with ordinary use falls to the tenant.
For residential premises, the Code lists examples of minor tenant repairs, including minor work to floors, doors, windows, walls and certain technical installations.
The Tenant Protection Act contains more detailed allocations between landlord and tenant.
However, in privately owned residential property, the parties can contractually alter several of those statutory repair and maintenance arrangements.
That makes wording such as: “The tenant bears all repair costs” important to investigate rather than dismissing it as boilerplate.
Ask what happens if:
- the fridge stops working through age;
- the boiler fails;
- the washing machine breaks;
- an electrical installation needs repair;
- a leaking pipe damages the property.
The contract should distinguish ordinary maintenance or damage caused by the tenant from failure of equipment through normal use and age.
What if the flat has serious defects?
The Civil Code gives tenants important remedies where defects materially interfere with the agreed use of the property.
Where a defect reduces usability, a tenant can in appropriate circumstances seek a proportionate reduction in rent for the period the defect persists.
Where defects prevent the agreed use and the landlord fails to fix them after notice, or they cannot be fixed, the Civil Code provides circumstances in which the tenant may terminate without observing the normal notice period.
There is an even stronger rule where defects threaten the health of the tenant, household members or people employed by the tenant: the tenant may terminate without notice even if they knew about the defect when signing.
This can be relevant to genuinely serious problems such as dangerous installations or severe conditions affecting health.
It is not a general right to leave immediately because the flat is inconvenient or disappointing.
Can the landlord enter the flat whenever they want?
No general statutory right allows the landlord to simply enter at will.
The Tenant Protection Act distinguishes emergencies from ordinary inspections.
Where there is an emergency causing damage or an immediate threat of damage, the tenant must make the flat available. If the tenant is absent or refuses, the owner can enter under the statutory procedure involving the police or municipal guard and, where necessary, the fire service.
For periodic inspections, assessment of necessary works or carrying out certain repairs, access should take place after the date has been agreed in advance with the tenant.
So a clause saying: “The landlord may enter the apartment at any time without prior notice” should not be treated as an ordinary or harmless term.
A sensible contract should explain how non-emergency access will be arranged.
What about inspections every month?
There is no need for a residential contract to give the landlord unrestricted supervision over everyday life in the property.
The law allows access for legitimate reasons, including inspections and necessary works, but the statutory model refers to prior arrangement with the tenant outside emergency situations.
If a contract proposes unusually frequent inspections, ask why they are necessary and how much notice will be given.
Can you make changes to the flat?
The Civil Code says a tenant cannot make changes inconsistent with the contract or the intended use without the landlord’s consent.
The contract may also restrict:
- painting walls;
- drilling holes;
- installing shelves;
- replacing furniture;
- mounting a television;
- changing locks;
- installing equipment.
If you expect to make any significant change, obtain written permission rather than relying on a verbal conversation.
Also check what happens to improvements when you leave. The Civil Code provides default rules under which, absent a different agreement, the landlord may choose either to keep improvements and pay their value at return or require restoration of the previous condition.
Check the rules for partners, flatmates and family
A contract should identify the tenant and, ideally, anyone else who is expected to live permanently in the property.
This matters because Polish law can attach consequences to other adult residents.
The Civil Code states that adult people permanently living with the tenant can, within the statutory limits, be jointly liable with the tenant for rent and other charges during the period in which they live there.
Do not therefore treat the question of who lives in the flat as purely administrative.
If your partner or adult family member will live with you, make that clear before signing.
Can you sublet the flat?
For residential premises, the Civil Code says that the tenant cannot sublet the flat or give it, or part of it, to someone else for free use without the landlord’s consent, subject to the statutory exception relating to a person to whom the tenant owes maintenance.
The Tenant Protection Act also identifies unauthorised subletting or free use as a possible ground for landlord termination.
So do not assume you can add a flatmate, rent a room through Airbnb or temporarily sublet while abroad.
Get written permission where required.
Check pet clauses before moving in
Polish law does not create a simple universal rule that every residential landlord must accept pets.
The contract can therefore matter substantially.
If you have a dog, cat or other animal, make sure the landlord knows before signing.
Check whether the contract:
- allows pets;
- requires specific consent;
- imposes responsibility for animal-related damage;
- prohibits particular animals.
Do not rely on an agent saying “pets should be fine” if the signed contract says otherwise.
Read any contractual penalties carefully
You may see kara umowna — contractual penalty — provisions.
Do not assume every penalty written into a contract is automatically enforceable simply because both sides signed.
Polish contract law places restrictions on the use and level of contractual penalties, and consumer-protection rules can provide additional protection where a professional landlord uses a standard contract with a consumer.
UOKiK explains that unfair standard contract terms used by a business against consumers may not bind the consumer and can be challenged. UOKiK unfair-terms guidance
That consumer framework is particularly relevant when the landlord is acting professionally as a business. It should not automatically be applied to every private individual renting out one flat.
Treat disproportionately large penalties, one-sided charges and automatic forfeitures as clauses worth questioning before you sign.
Be careful with clauses saying the landlord can change the contract unilaterally
A contract should not function as: “These are today’s rules, but the landlord may change them whenever they wish.”
Pay particular attention to unilateral rights to change:
- rent;
- administrative fees;
- house rules;
- repair obligations;
- service charges;
- termination provisions.
Where the tenancy is occasional or institutional, contractual rent-increase provisions are particularly important because the legislation expressly ties increases to the conditions stated in the agreement.
If the contract permits changes, it should explain the mechanism clearly enough for you to understand what you are agreeing to.
If the contract is bilingual, check both versions
Foreign tenants are often given Polish-English agreements.
That can be helpful, but check whether the contract states that one language version prevails if the two differ.
Do not assume the English translation is legally identical to the Polish wording.
For significant discrepancies — especially concerning termination, deposit deductions or liability — ask for correction before signing.
If you cannot understand the Polish version and the agreement is financially significant or unusual, professional legal review can be worthwhile.
Najem okazjonalny deserves a second read
If the title says umowa najmu okazjonalnego, do not treat the additional paperwork as an administrative detail.
The contract must be in writing, as must amendments to it. The tenant normally supplies a notarial declaration accepting enforcement and identifies an alternative property, together with the required consent from the person entitled to that property.
The owner must notify the relevant tax office within 14 days from the start of the tenancy. The tenant can ask for confirmation. If the owner does not fulfil that notification requirement, the special statutory provisions concerning rent increases and the streamlined vacation procedure do not apply.
Also read the rent-increase clause carefully: in occasional tenancy, increases occur according to the terms set out in the contract.
Najem instytucjonalny also changes the balance
Institutional tenancy is used by landlords conducting a rental business.
The contract and amendments must be in writing, and the tenant supplies a notarial enforcement declaration.
Unlike occasional tenancy, the statutory institutional model does not require the same alternative-property declaration. The tenant acknowledges that, if the statutory eviction mechanism becomes necessary, there is no entitlement under that mechanism to social tenancy or temporary accommodation.
Again, rent can be increased according to the conditions contained in the contract.
That makes a professional institutional contract something to read carefully rather than assuming professional management automatically means more flexible tenant terms.
There is no general 30-day cooling-off period yet
As of 27 September 2026, Parliament has considered a proposal to introduce a statutory 30-day right for tenants to withdraw from certain occasional and institutional tenancy agreements.
However, the proposal remains legislative work rather than current law. It should not be treated as an existing right. View proposal status
If you sign a tenancy today, do not assume you have 30 days to change your mind unless your particular contract itself gives you that right.
What should you check before signing?
1. What exact tenancy regime am I signing?
2. Is the contract fixed-term or indefinite?
3. Can I leave early, and under what circumstances?
4. What notice period applies to me?
5. On what grounds can the landlord terminate?
6. Can the rent rise during the agreement?
7. What is the exact rent and what charges are additional?
8. How is the deposit returned and what can be deducted?
9. Who pays for repairs and broken appliances?
10. When can the landlord enter the flat?
11. Who is permitted to live there?
12. Are pets permitted?
13. Can I sublet or add a flatmate?
14. What condition must the flat be returned in?
15. Is the handover protocol attached?
16. If the agreement is bilingual, which version controls?
17. If it is najem okazjonalny, do I understand the notarial and alternative-address requirements?
A contract that is clear before you sign is much easier to live with than one you first read carefully when something goes wrong.
What to do next
After checking the contract, compare the written rent and charges against the actual monthly budget for the property, prepare a detailed handover protocol, photograph the flat at move-in and keep all contracts, amendments and payment confirmations.
If you are still looking for a property rather than reviewing a specific agreement, read the PolandExpatsHub guide Renting a flat in Poland: deposits, fees, contracts and what to expect first.
Official sources
- Polish Electronic Legislation Database — Civil Code, consolidated text 2026: Open source
- Polish Electronic Legislation Database — Act on the Protection of Tenants’ Rights: Open source
- Office of Competition and Consumer Protection — Unfair contract terms: Open source
- Sejm — 2026 proposal concerning a 30-day withdrawal right for occasional and institutional tenancy: Open source
Last checked: 27 September 2026
