A lease is the first legal transaction a foreigner enters into in Poland, and usually the most underestimated. What you sign determines not only the deposit but also your address registration - and registration determines your bank account, your child's school place, and your residence card application.
Below: the three lease formats, the lawful deposit limits, and the clauses that cost people money.
Three lease formats
| Format | Who can let | Notary | Deposit | Tenant protection |
|---|---|---|---|---|
| Standard lease (najem zwykły) | anyone | not required | up to 12 months' rent | strongest |
| Occasional lease (najem okazjonalny) | a private individual not letting as a business | required | up to 6 months' rent | reduced |
| Institutional lease | an entrepreneur or company | required | up to 3 months' rent | reduced |
The standard lease is the ordinary contract. The tenant is protected by the Tenants' Rights Act: eviction only through the courts, with seasonal restrictions.
The occasional lease was designed to protect owners. The tenant signs a notarial submission to enforcement and names an address to move to if the lease ends. In exchange the owner gets a faster route to recovering the flat, and the tenant gets a far more cooperative landlord.
The institutional lease applies to companies letting professionally.
The practical takeaway for a foreigner: an occasional lease is often your ally rather than your problem. Owners nervous about letting to foreigners accept exactly this format - and stop arguing about registration.
The deposit: limits and recovery
The deposit secures potential damage and arrears. The limits in the table come from statute, not market practice.
It is returned within a month of vacating the flat, less justified claims. To get it back:
- A handover protocol on move-in, with photographs and meter readings. Without it, every scratch becomes yours.
- The same protocol on move-out, signed by both sides.
- Documented payments - transfers with a reference, not cash without a receipt.
- Written termination within the contractual notice period.
The most common way our clients lose a deposit is moving out with no protocol and no written notice. Arguing afterwards is pointless: there is no evidence.
What the contract must contain
Check these before signing:
- the parties - the owner's details as they appear on the title, not an "agent";
- the property - exact address, floor area, fittings;
- rent, plus separately administrative charges and utilities;
- the deposit - amount, timing and return procedure;
- the term and termination conditions for both sides;
- the right to register your address - an express clause granting consent;
- repairs and damage - who bears what;
- subletting and working from home, if you need them.
The registration clause looks trivial until you need a bank or a school. If the owner refuses, the situation is solvable but slower - through administrative proceedings. The basics of registration sit in our general guide.
Typical traps
"Contract later, transfer first." The classic fake-listing scheme. Never transfer money before viewing the flat and signing.
The landlord is not the owner in the land register. Verification is free by KW number in the electronic register. If someone else is letting, they need a power of attorney.
Verbal terms and cash payments. No payment trail hurts twice: in a deposit dispute, and when proving residence for registration.
Agency commission with no contract. It is usually one month's rent - ask for an invoice.
Automatic renewal with an increase. Read the indexation terms and the notice period for rent rises.
What we do
- Finding and vetting the flat, including the land register and the landlord's authority: flat search.
- Reviewing or drafting the lease while changes are still possible.
- Attending the notary for an occasional lease.
- Address registration immediately after move-in - in one to two days.
- Deposit disputes - demand letter, negotiation, litigation if needed.
Frequently asked questions
Can I rent without a PESEL or residence card? Yes. A lease requires neither - a passport is enough. Refusals reflect an individual owner's position, not the law.
Must the owner consent to my registration? There is no direct obligation, but a refusal does not close the door - administrative proceedings remain. Agreeing it in the contract is simpler.
Can I register a company at a rented flat? Only with the owner's consent, written into the contract. A sole trader may declare a business address different from their home address.
The owner will not return my deposit. What now? A written demand with a calculation and deadline, then a formal payment demand, then court. With protocols in hand it usually ends at the demand stage.
Who pays for appliance repairs? By default minor running repairs fall on the tenant and replacement of equipment on the owner. The contract may allocate it differently, so read the clause.
Can I terminate early? Only on the terms written into the contract. A fixed-term lease without a termination clause is difficult to end - one more reason to read before signing.
Read a Polish lease carefully once rather than three times afterwards. Two clauses in particular - the deposit and the registration right - set both your money and the speed of every formality that follows.
Send us the draft before you sign - we will review it within one working day.
This material is informational. Consult a lawyer about your situation.