Renting a Flat: What the Rental Contract Must Include So You Don’t Get Caught Out

Let me tell you straight away, because I see this mistake all the time: people don’t get caught out by a contract that’s an obvious scam. They get caught out by a contract with gaps. The kind nobody read to the end, because the flat looked nice and the landlord seemed friendly. The problem shows up later — at the first rent increase, when the washing machine breaks down, or on the day you want your deposit back.

A tenancy isn’t a complicated legal thing. It’s an agreement in which one person hands over a flat for use and the other pays the agreed rent for it. That’s what the Civil Code (Poland’s Kodeks cywilny) says, and that’s how it works in practice. The whole trick is to put down on paper what is normally agreed verbally — and what’s hard to prove later. Let’s go through it step by step.

First, check who actually has the right to rent you this flat

Before you get to amounts and dates, ask one question: can the person sitting across from you actually rent out this flat? It sounds trivial, but it’s one of the more common snags. Sometimes the contract is signed not by the owner but by a family member, a property manager, an agent, or someone who rents the place themselves and wants to sublet it on.

The simplest thing is to ask for proof: the land register number (księga wieczysta, Poland’s land and mortgage register), the title deed, a contract with the owner, or a power of attorney. If someone says „it’s my parents’ flat, but I handle everything”, that can be perfectly honest — provided there’s a power of attorney or the owner’s signature. Without it, you’re on thin ice. It’s also worth knowing that, as a rule, a tenant cannot sublet the place or lend it to someone for free without the landlord’s consent.

The contract itself should include the exact details of both parties: full name, PESEL (Polish national ID number), ID-card number, address, phone, e-mail and the bank account number for payments. This isn’t bureaucracy for its own sake — it’s the information you’ll need if something goes wrong and anything has to be enforced.

Describe exactly what the tenancy covers

The contract must clearly identify what is being rented. That means: the address, the unit number, the floor area, the number of rooms and any associated spaces — a cellar, a storage unit, a parking space, a garage. It should also state clearly whether you’re renting the whole flat or just a room.

If a parking space or a storage unit is involved, „it’s available to use” isn’t enough. Put down whether it’s part of the tenancy or a separate, extra-paid service, and on what terms you use it. Otherwise it’s easy to end up with a misunderstanding later.

A separate issue that saves a lot of nerves is the inventory list. The flat looks great at the viewing, but the contract has no list of equipment — and when you move out, the argument starts over whether the mattress, vacuum cleaner, TV, pots or router were actually there and in what condition. Write it down right away, ideally together with photos.

The term of the contract: fixed or open-ended — and why it matters so much

A contract can be for a fixed term or open-ended. If the tenancy is to last more than a year, it should be in writing; where the written form is missing, it’s treated as concluded for an indefinite term. This isn’t a nuance for lawyers — it affects how easily you can get out of the contract.

An open-ended contract is more flexible. It can be terminated according to the notice periods in the contract or in the law. For an open-ended tenancy where you pay rent monthly, the Civil Code provides for termination at least three months in advance, effective at the end of a calendar month.

A fixed-term contract gives more stability, but there’s a catch. If the term of the tenancy is fixed, the parties can terminate it only in the cases expressly described in the contract. And this is where many people get caught: you sign a one-year contract, it has no clear grounds for termination by the tenant, and suddenly it turns out that a change of job, a break-up or a better flat aren’t enough to leave early without consequences.

Rent and all the extra charges — because „3,000 PLN” rarely means 3,000 PLN

This is where most of it plays out. The contract must separate what is rent for the landlord from what are charges for utilities and building administration. Otherwise it’s easy to end up in a situation where the listing shouts „rent 3,000 PLN”, and after signing it turns out the monthly cost is 3,900 PLN — because building fees, electricity, gas, heating, water, rubbish and internet have been added on top.

The point is for you to know not just the „total” amount but the whole cost structure. In a standard tenancy, the Tenant Protection Act (Poland’s Act on the protection of tenants’ rights) actually provides that, apart from rent, the landlord may in principle charge only fees beyond their control — that is, ones they don’t profit from, such as utilities, if you don’t have a direct contract with the provider.

Item	What to ask about
Amount of rent	The specific sum for the landlord, separate from utilities
Due date and account	By which day of the month and to which account you pay
Scope of the amount	What exactly the rent includes and what is charged separately
Utilities and advances	Which charges are advance payments and how often they are reconciled
Documents	Whether you receive copies of bills and statements
Over/underpayment	What happens with an underpayment and with an overpayment

And now the red flags worth reacting to right away: a clause saying „charges at the landlord’s discretion”, the vague „the tenant covers all costs related to the premises” with no detail, no rules for settling utilities, and no information on whether the building administration fee is already included. Each of these clauses leaves a loophole through which the bill can grow unpleasantly.

Rent increases: when the landlord can really make one

A rent increase shouldn’t work like this: three months in, you hear „from next month you pay 500 PLN more”. The rules have to be in the contract, and in a standard tenancy the law protects you on top of that.

In a standard tenancy the Act provides that the landlord may raise the rent or other charges by giving notice of the existing amount, no later than the end of a calendar month. The notice period for the rent amount is, as a rule, 3 months, unless you agree on a longer one in the contract, and the notice itself must be in writing on pain of nullity. In occasional and institutional leases (najem okazjonalny and instytucjonalny — Poland-specific tenancy forms), what the parties write into the contract matters more — the landlord may raise the rent only in line with its terms.

A good clause reads roughly like this: the rent may be indexed, for example once a year, to the inflation rate, but no more often than once every 12 months, with written notice and respect for the notice period. A bad clause is a single sentence: „the landlord may change the rent at any time”. If you see one like that — it’s material for negotiation, not for signing.

The deposit: how much, what for, and when it comes back

The deposit is probably the most common source of conflict in the whole tenancy. Let’s start with the limits, because a lot of people don’t know them.

Type of tenancy	Maximum deposit	Return deadline
Standard (Tenant Protection Act)	up to 12× the monthly rent	within a month of the premises being vacated, after deducting amounts due
Occasional	up to 6× the monthly rent	settlement rules per the contract and the law
Institutional	up to 6× the monthly rent	the landlord may cover what is due from the deposit and demand it be topped up

In practice, deposits are often much lower than these limits — frequently the equivalent of one month’s rent. More important than the amount itself is that the contract describe: how much the deposit is, when and how it’s paid, what can and cannot be deducted from it, when and to which account it comes back, and what the settlement looks like after you hand the flat over.

The deposit is not extra income for the landlord. It’s security for specific claims: rent arrears, charges, damage or the cost of restoring the flat to the agreed condition. So avoid clauses like „the deposit is non-refundable”, „the landlord may keep it at their discretion” or „the deposit is forfeited on early termination”. The clause „the deposit covers the last month of the tenancy” can be convenient, but agree to it only when the settlement is well described.

The handover report: your evidence in the deposit dispute

Let me be blunt: the handover report is just as important as the contract itself. Without it, it’s hard to prove that the scratched floor, the cracked tile, the dead socket or the stain on the wall were already in the flat beforehand.

The Civil Code provides that at the end of the tenancy you return the premises in an unimpaired condition, but you’re not liable for wear and tear resulting from proper use. There’s a trap here, though: there’s a presumption that the property was handed to the tenant in good condition and fit for use. In other words — if you don’t note the defects at handover, it can later look as though they arose during your tenancy.

A good report includes the handover date, the number of sets of keys, meter readings (electricity, gas, water, heat), the condition of walls, floors, windows and doors, a description of the bathroom and kitchen, a list of furniture and appliances along with a note on what works and what doesn’t, photos as an attachment and the signatures of both parties. The best trick at the end: take photos and e-mail them to the landlord the same day. You’re left with a date and a paper trail that no one can later challenge.

Repairs and breakdowns: who’s responsible for what

The contract should divide responsibilities clearly. The general rule from the Civil Code is this: the landlord must hand over the flat in a usable condition and keep it that way, while minor outlays connected with ordinary use fall on the tenant.

What does that mean in practice? Minor outlays on the tenant’s side include, for example, small repairs to floors, doors and windows, painting walls and small repairs to the installations that supply light, heating and water. But note: in private flats the parties can arrange these duties in the contract differently from what the general rules provide. That’s why it’s worth naming them specifically — who repairs the appliances, who pays for the washing machine or fridge, who’s responsible for the gas boiler and its inspections, how quickly the landlord responds to a breakdown, and whether, in an urgent situation, you can call a professional yourself and settle the cost.

A separate, important matter is safety. If the premises have defects that threaten health — damp and mould, a dangerous installation, no heating in winter, the risk of carbon-monoxide poisoning — the tenant may terminate the tenancy without notice, even if they knew about the defects when signing. This is a way out for genuinely serious situations, not for trifles.

The landlord’s access and termination of the contract

Two things worth understanding well, because they directly affect your peace of mind and your money.

First — access. The landlord has no right to enter the flat whenever they like. The premises are handed over to you for use, and you have the right to quiet enjoyment of them. The law provides exceptions: in the event of a breakdown threatening damage you must make the premises available immediately, and if you’re absent or refuse, the landlord may enter in the presence of the police or the municipal guard. Outside such situations, a good clause reads: viewings after arranging a date in advance, with a few days’ notice, in your presence, no more often than once a quarter. A bad clause: „the landlord has the right to enter the premises at any time”.

Second — termination, which, right after the charges and the deposit, is the most important part of the contract. The landlord of a residential unit cannot terminate the contract just because they’ve changed their mind. The Tenant Protection Act lets them do so only on the grounds it specifies, in writing and with the reason stated — for example, when the tenant is destroying the premises, grossly violating house rules, or is in arrears with the rent for at least three full payment periods despite a written warning. For you, though, something else is key: whether you can leave early and on what terms. With a fixed-term contract that has no grounds for termination written in, this can be difficult — which is why I keep coming back to it.

Standard, occasional or institutional tenancy — a quick distinction

The name of the tenancy type isn’t a formality. It decides how much paperwork awaits you and how the obligations are distributed.

• Standard tenancy (najem zwykły) — the most common; it protects the tenant most strongly through the tenant-protection rules (limits on increases and deposits, rules on termination by the landlord).
• Occasional lease (najem okazjonalny) — applies to a unit owned by a private individual who isn’t in the renting business, concluded for a fixed term of up to 10 years. It requires written form on pain of nullity and additional attachments on the tenant’s side.
• Institutional lease (najem instytucjonalny) — used by entities that rent out units professionally, concluded for a fixed term, with the tenant’s notarial submission to enforcement.

With an occasional lease, the contract is accompanied by, among other things, the tenant’s declaration in the form of a notarial deed submitting to enforcement, an indication of another unit where the tenant will live in the event of enforcement, and the consent of that unit’s owner. What’s important for you as a tenant: the landlord must report the conclusion of an occasional lease to the head of the tax office (urząd skarbowy) within 14 days of the tenancy starting, and at your request is obliged to present confirmation of the report. If they don’t, some of the special effects of this form of tenancy simply won’t work as intended. With an institutional lease there’s the notarial submission to enforcement and the awareness that, after the unit is vacated, you’re not entitled to social housing or temporary accommodation.

Contractual penalties and consumer protection

Many contracts include extra penalties: for losing keys, late payment, early termination, smoking, a pet or calling out a professional. Not every penalty is bad. The problem starts when they’re very high relative to a minor breach, or when the landlord has complete freedom in charging them.

If the landlord is a business and you act as a consumer, the rules on unfair contract terms may come into play. The Civil Code provides that terms of a consumer contract not agreed individually do not bind the consumer if they shape their rights and obligations contrary to good practice and grossly infringe their interests. UOKiK (Poland’s competition and consumer protection authority) notes that a consumer can report a suspicion that prohibited standard-contract terms are being used, and in an individual case make use of free legal help. It’s worth remembering this before you sign something that intuitively strikes you as excessive.

The most common red flags in a rental contract

Let’s gather it all in one place. If you see any of the clauses below, treat it as a signal to ask questions or negotiate — not necessarily as proof of fraud, but certainly as a reason for caution.

1. A non-refundable deposit. The deposit secures claims; it isn’t a fee for signing the contract.
2. Entry to the flat „at any time”. Access should be limited to agreed visits, inspections and breakdowns.
3. Arbitrary rent increases. The rules must be clear, in writing and consistent with the law or the contract.
4. „The tenant is responsible for all repairs”. This is an attempt to shift onto you costs that are beyond your control too.
5. No handover report. Without it, a dispute over the deposit is much easier — for the other side.
6. A fixed-term contract with no termination right for the tenant. You may be tied in longer than you want.
7. Charges described in general terms. „All costs” is too broad — the items should be named.
8. Reluctance to show legal title to the premises. A reason for caution.
9. Pressure to pay before the contract is signed. Documents first, money second.
10. Arrangements that never make it into the contract. In a dispute, what counts is what you can prove.

Najczęściej zadawane pytania

Does a rental contract have to be in writing?

Not always, but in practice it is definitely worth it. The Civil Code requires written form when a tenancy of real property is to last more than a year — without it, the contract is treated as concluded for an indefinite term. An occasional or institutional lease requires written form on pain of nullity, so here writing is mandatory. Even with a shorter standard tenancy, a written form protects both parties, because in a dispute what counts is what can be proved. Verbal arrangements are convenient but defenceless.

What is the maximum the deposit can be?

It depends on the type of tenancy. In a standard tenancy the deposit cannot exceed 12× the monthly rent. In occasional and institutional leases the limit is lower — as a rule, 6× the monthly rent. In practice, deposits are often much lower than these thresholds, frequently the equivalent of one month’s rent. In a standard tenancy the return should happen within a month of the premises being vacated, after deducting the amounts owed to the landlord under the tenancy.

Can I terminate a fixed-term rental contract?

Only in the cases expressly described in the contract. With a fixed-term tenancy, the law allows the contract to be terminated only in the situations the parties have provided for in it. If there are no such clauses, leaving early can be difficult — even if you change your job or your life circumstances. That is why, before signing, it is worth adding specific grounds for termination by the tenant with a reasonable notice period, for example one or two months. It is one of the more important points in the whole contract.

Why make a handover report if I already have a contract?

Because the contract is about the rules, while the report documents the condition of the flat on the handover day. There is a presumption that the premises were handed over in good condition, so without recorded defects it is hard to prove later that they existed beforehand. A report describing the meters, walls, floors and appliances, with photos, protects you when the deposit is returned. It is best to e-mail the photos to the landlord the same day, so there is a date on record. It is a quarter of an hour that can save your deposit.

How does an occasional lease differ from a standard one for the tenant?

An occasional lease is sometimes presented as safer for the landlord, and that is true — for the tenant it means extra formalities. You have to make a notarial declaration submitting to enforcement and indicate another unit in case of eviction, together with the consent of its owner. In return, it is worth knowing that the landlord has 14 days to report the contract to the tax office and, at your request, must show confirmation. A standard tenancy, on the other hand, gives stronger protection under the Act on the protection of tenants’ rights.

Finally — one rule that handles most problems

From a tenant’s perspective, four areas matter most in the whole contract: charges, termination, the deposit and the condition of the flat. The rest is detail that completes the picture. People most often don’t „get caught out” because the contract is invalid, but because they signed a document with gaps: they didn’t ask whether charges were included, didn’t add a termination option, didn’t make a handover report and believed verbal assurances.

The safest rule I can give you fits in one sentence: anything that can cost money or cause a conflict should go into the contract or the handover report. If you remember only that, you’ll still be asking the right questions before you sign.

Dane wg stanu na May 2026

Author: Tomek Musiałowski — economist and personal finance specialist, agent of a mortgage credit intermediary (KNF entry: RHA0018910). This is an educational text, not individual financial advice.