Fixed vs Open Tenancy in Poland for Tenants

If you are a tenant in Poland, understanding the differences between fixed-term and open-ended tenancy can protect you from surprises. A fixed-term contract ends on a set date, while an open-ended contract continues until it is terminated; this affects rights related to notice periods, rent increases and eviction. This guide explains in plain language the tenant's and landlord's obligations, how to document repair requests, and what steps to take in disputes before court or mediation in Poland. You will find practical tips, deadlines and example actions to help defend your rights without complicated legal language. We also advise which documents to prepare, how to report problems to the landlord and when to consult a lawyer or a municipal legal aid clinic.

How tenancy types work

In practice, a fixed-term tenancy means the contract automatically expires after the agreed date unless the parties agree otherwise. An open-ended tenancy lasts until a valid notice of termination is given. The differences affect notice periods, the right to rent increases and the protection a tenant has against eviction.

Fixed-term tenancy

Typical features of fixed-term tenancy:

• The contract ends on a specific date and usually does not require notice.
• Parties can set conditions for extension or automatic conversion to open-ended tenancy.
• The tenant has rights arising from the contract and from tenant protection laws.

Open-ended tenancy

An open-ended tenancy offers more flexibility, but statutory notice periods and other rules apply. In many cases, termination must be justified and the tenant enjoys stronger protection against immediate eviction.

• Termination requires complying with statutory notice periods and any contractual form requirements.
• Rent increases may require prior notice.
• In disputes, a tenant can use procedural protections in the district court.

Termination, rent and repairs

Tenants should know notice periods and repair rules. If an issue affects habitability (e.g., no heating, major leaks), report the defect in writing and keep evidence of the report. Rent and deposit matters follow the contract; for increases, check whether the landlord follows contractual and legal requirements.

• Report defects in writing and keep confirmations.
• Check contract clauses on the deposit and settlements.
• If there is no response, consider a formal demand or court action.

When a dispute or eviction arises

Start with amicable solutions: a written demand to remedy the breach, propose mediation, or use municipal legal aid. If the case goes to court, tenancy matters are usually handled by the district court (civil division). Eviction requires following legal procedures and timelines; unlawful attempts to remove a tenant are prohibited.

FAQ

What are the notice periods in tenancy?

Periods depend on the contract type and terms; general rules are provided by the Civil Code and tenant protection laws.^[1]

What to do if the landlord does not fix repairs?

Report the defect in writing, keep evidence and if there is no reaction you can demand performance or bring a civil claim.

How can I defend against an unjust eviction?

Check the legal basis for termination, collect documents and consult legal aid; eviction requires a court order and must follow procedures.^[2]

How to proceed

1. Check the contract, notice periods and rent provisions.
2. Report defects in writing and keep copies of correspondence.
3. If there is no response, send a formal demand to perform obligations.
4. Consider mediation or filing a claim at the district court in case of dispute.

Help and Support

• [1] Act on the Protection of Tenants — ISAP
• [2] Citizen Information — Gov.pl
• [3] Ministry of Justice — ms.gov.pl

1. [1] Act on the Protection of Tenants — ISAP
2. [2] Citizen Information — Gov.pl