Tenant: Fixed vs Open Tenancy in Poland
This article explains the main differences between fixed-term tenancy and open-ended tenancy from a tenant's perspective in Poland. I describe tenants' and landlords' rights and duties, how notice periods work, automatic renewal of agreements and rules for changing rent. I will suggest which contract clauses to check, how to document defects and when to seek court assistance. I will also explain procedures related to eviction, security deposit and repairs, and when a notice may be invalid.[1]
What is the difference between fixed-term and open-ended tenancy?
A fixed-term tenancy has a specific end date — the contract expires at that date unless the parties agree otherwise. An open-ended tenancy has no end date and requires notice in accordance with statutory or contractual terms. In practice, these differences affect the possibility of termination, rights to renewal and deposit protections.
Termination and renewal
- Check the contract for notice periods and conditions for early termination.
- For open-ended tenancies, statutory notice periods apply unless the contract provides otherwise.
- A fixed-term contract may include an automatic renewal clause — note the conditions and deadlines to object.
Rent, deposit and repairs
- The deposit should be specified in the contract and returned according to the terms after tenancy ends.
- The landlord is generally responsible for repairs, unless the damage was caused by the tenant — document defect reports.
- Collect evidence: photos, messages, invoices and confirmations of reports.
Handling a dispute
If the landlord fails to fulfill obligations (e.g. repairs) or tries to terminate the contract unlawfully, the tenant can send a formal demand to remedy the breach and, if that fails, bring the case to the district court (civil division). Eviction follows judicial and enforcement procedures.[2]
FAQ
- Can a fixed-term contract renew automatically?
- Yes — if the contract provides for automatic renewal, the tenancy may continue under the contract terms; check the specific provisions.
- What are the notice periods for tenancy termination?
- Notice periods depend on the type of contract and contractual provisions; statutory notice periods apply for open-ended tenancies unless the contract sets different terms.
- What to do if the landlord ignores repairs?
- Report the issue in writing, take photos, keep invoices, and if that does not help, bring the matter to court or seek mediation.
How-To
- Check notice periods and renewal clauses in the contract.
- Document defects and communication: photos, invoices, emails.
- Send a written demand to fix the defect and keep proof of delivery.
- If there is no response, consider a claim in the district court (civil division) or mediation.
Key takeaways
- Keep records of requests and payments to protect your rights as a tenant.
- Review contract clauses on termination and automatic renewal carefully.
- If a dispute arises, seek legal advice or mediation and retain evidence.
Help and Support
- ISAP — Internet Legal Acts System
- Gov.pl — Citizen information
- Ministry of Justice — Legal information
