Who Pays When Tenant Terminates Lease in Poland
A tenant in Poland should know who bears costs after terminating a lease and what deadlines and form requirements apply. This article explains when a tenant is responsible for rent, repairs, or deduction from a deposit, what the landlord's obligations are, and how to serve notice correctly to preserve evidence. You will find practical guidance on written form, delivery methods and statutory deadlines, examples of situations and steps to take in disputes. The material takes into account laws in Poland and uses plain language for non-lawyers.
What does tenant responsibility include?
After termination, the tenant typically remains liable for outstanding rent and utilities until the effective termination date and for damages beyond normal wear and tear. The legal basis includes the tenant protection act and the civil code[1][2].
- Outstanding rent and utility charges.
- Repairs for damage exceeding normal wear and tear.
- Cleaning costs and missing inventory items.
- Court or enforcement costs if the case goes to court.
Form and deadlines for notice
In most contracts the notice should be in writing and signed by the tenant; indicate the effective date and the precise address of the property. When the contract sets notice periods, they must be observed; if there are no provisions, civil code rules apply. Sending by registered mail or with delivery confirmation increases certainty of delivery.
How to calculate deposit deductions
The landlord may deduct documented repair costs and arrears from the deposit, but cannot use it instead of giving notice or without documenting damages. The tenant should request a written settlement and copies of receipts and photos showing the property's condition.
Common mistakes and how to avoid them
- Missing a written notice or an incorrect effective date.
- Insufficient documentation of the apartment's condition when moving out.
- Improper delivery methods that make proving the date difficult.
FAQ
- Does the tenant pay for repairs after moving out?
- Yes, if damages exceed normal wear and tear and the landlord documents the costs.
- When must the landlord return the deposit?
- The law does not set a single date, but the deposit should be settled and returned promptly after liabilities are accounted for.
- What to do if the landlord deducts too much?
- Request a written settlement and receipts; in case of dispute you can take the matter to the district court.
How to submit a notice
- Check the contract provisions and applicable notice periods.
- Prepare a written notice with the effective date and signature.
- Send the notice by registered mail or deliver in person with acknowledgment of receipt.
- Keep copies of the notice, proof of delivery and documentation of the property's condition.
- Calculate the lease end date according to the contract provisions and delivery.
Conclusions
A well-prepared and documented notice protects both tenant and landlord rights and eases deposit return. In doubt, consult legal advice or the district court.
