I am interested in finding the kodeks (civil code) web page that gives details on what can and cannot be implemented legally in a residential (apartment) tenancy agreement.
Can anyone post me a link to the kodeks governing tenancy agreements and tenancies in general?
I have found the page below but still need to find the main kodeks that governs the legality of tenancy agreements in Poland. The reason is, I suspect the tenancy agreements I am being handed contain clauses which are questionable, such as inspections by landlords at any time they choose, and having to repaint the apartment on the last day of my tenancy.
I would be interested to know if they are enforceable in law if a tenancy agreement (umowa najmu) is signed by both landlord and tenant. If so, I am not going to be signing it.
isap.sejm.gov.pl/DetailsServlet?id=WDU20050310266
I have stumbled upon the sample agreement below online, which sounds fair enough. Sadly, I have never come across one like it in real life.
Landlords tend to be quite independent and not negotiate price 9 times out of 10 and not usually want to negotiate clauses. Some do, but most don't.
Yes.It starts from section 659.This may be some help too
Thanks again.
That's a useful extra find you came across there, Grubas, thanks. [that post was probably removed by the moderators as it was in Polish]
I just have to Google translate it into English now below, or the moderators will be unhappy. Please note the translation below is via Google and could be inaccurate.
Translation via Google of the info in Post No/Nr 6:- [that post was probably removed by the moderators as it was in Polish]
In general, the lease agreement is one of the least formal agreements. Civil Code imposes little to the agreement. Yeah ... Only a small exception. Renting dwellings. Renting dwellings regulated by the Act on the Protection of the rights of tenants. If something is not in the law, it should be resolved in accordance with the provisions of the Civil Code.
First The conclusion of the lease. Residential lease agreement is perhaps the most formalized agreements (little discretion in shaping the content of each section of the contract is contrary to the law null and void from the very beginning).
Termination. If the agreement does not provide for a fixed period terminated, this Agreement shall apply until the expiration of the contract time. There is the option of canceling the contract.
(I omit both sides agreed to recognize that the contract was expired. Example, a student has signed a contract for eight months, had not thought about the need to establish notice and after 2 months, wants to change the venue, because something there. If the owner does not want to resolve the contract, a student have to pay rent for all eight months of the existing agreement. If the owner agrees to the early termination of the contract, then split up in unison.)
Termination of the agreement by the tenant (in accordance with the Civil Code) if the property najętego defects are such that threaten the health of the tenant or his family members or people in the workforce, the tenant may terminate the lease without the period of notice, even when the agreement was aware of defects.
Second possibility: if the duration of the lease is not marked, and the rent is payable monthly, tenancy can be terminated at least three months in advance at the end of the calendar month.
Much more difficult is the owner. The Act provides several reasons for termination:
- Not later than one month ahead, at the end of a calendar month, the owner can terminate the lease if the tenant: * Despite a written warning continues to use the property in a manner inconsistent with the agreement or for unintended purposes or neglected duties, preventing damage or destroy equipment intended for common use by the residents either grossly or persistently violates the order of Home-making cumbersome to use other premises, or
* In default of payment of rent or other charges for the use of the premises for at least three full periods of payment, despite notice it in writing of its intention to terminate the legal relationship and determine additional month deadline to pay overdue and current debts, or
* Leased, subleased or gave a free to use local or part without the required written consent of the owner, or * Use the property, which requires emptying due to the need demolition or renovation of the building.
- Not later than six months ahead, at the end of the calendar month, the owner may terminate the contract, provided that intends to live in the property belonging to him, if the tenant is entitled to the title to the property, which can live in such conditions if it received local replacement, or if owner of the premises to provide his replacement. The replacement property rents and fees, except for fees independent of the owner, must take into account the ratio of the replacement property and equipment to the premises discharged.
- Not later than 3 years ahead, at the end of a calendar month, the owner may terminate the lease if he or his adult descendant, ascendant or the person to whom the owner has a duty to maintain plans to live in the property belonging to him and the tenant does not provide alternative accommodation and the tenant is not entitled to another place, which meets the conditions of the replacement property.
This is the notorious three year old. But it is not so simple. Termination of the legal relationship to be valid, it should indicate a person to live in the premises of the owner. If the owner (or designated authorized person) who said the legal relationship on the basis of three year olds do not live in your house or it ceases to reside within six months from the termination of the legal relationship terminated, the tenant is entitled, at its option, either to return to the premises on the existing terms and conditions, or to request the owner to pay the difference in rent and fees, which are paid out in relation to those that pay the legal relationship terminated for a period of one year. Removal expenses borne by the tenant to the property owner. Moreover, the owner is obliged to pay the tenant a statutory penalty of 15% of the replacement value of the property.
Another great addition to the three year olds: if the tenant to whom the owner speaks the legal relationship on the basis of three year olds, is a person whose age at the date of receipt of notice exceeded 75 years, and that after expiry of the period referred to in paragraph. 5, will not have legal title to another place, where they can live, or to those who are obliged to take part in the maintenance, the termination shall become effective at the time of the death of the tenant.
Deposit. The conclusion of the lease agreement may be subject to payment of the tenant's security deposit to cover claims arising from the lease, the landlord exercise on empty premises. The deposit may not exceed twelve times the monthly rent for the premises, the rent calculated at the rate applicable on the date the contract is najmu.Zwrot deposit in an amount equal to the product of the amount of indexed monthly rent at the date of return of the deposit and rent times adopted for the collection of deposit, but in an amount not lower than the deposit collected.
Deposit will be refunded within one month from the date of empty premises, net of landlord charges for lease.
Acceptance protocol is a must, if the parties wish to provide an efficient and consistent place (before and after the time of hire). Before issuing the tenant's premises shall draw up a protocol in which define the condition and degree of wear found in the plant and equipment. The protocol is the basis of the accounts for the recovery of the property, so be sure to everything and very accurately described.
Second Obligations of the tenant and the landlord. It is very important for landlords: the duration of the lease agreement are obliged to inform each other in writing of any change of address of his residence and office. In the event of failure to do correspondence sent to the last known address by registered mail, return receipt requested, and missed, shall be considered delivered.
The lease contract the parties may agree that the mutual obligations to maintain the premises. If they do not provide a legal way division of responsibilities set out in the Act (Article 6a-6e of the Act on the Protection of the rights of tenants).
I do not know, paste these articles, or leave some work for the users ... At the trial, see what it looks like. [Lex: 360ohwvj] Article 6a. First The landlord is obliged to ensure the smooth operation of existing plant and equipment associated with building tenants to enable the use of water, gas and liquid fuels, heat, electricity, elevators and other systems and equipment fitted to the property and the building defined in other regulations.
Second If putting the tenancy emptied by the previous tenant, the landlord is required to replace worn fittings premises. 3rd The duties of the landlord, in particular: 1) maintain in good condition, order and cleanliness of the premises and equipment of the building, designed for shared use population and its environment, 2) to carry out repairs of the building, its facilities and equipment referred to in paragraph 1, and to restore the previous state of the building damaged for any reason, except that the tenant is charged obligation to cover losses caused by his fault,
3) the premises to carry out repairs, maintenance or replacement of equipment installation and technical elements of the exponential tenants, in particular: a) repair and replacement internal installation: water, gas and hot water - without fittings and accessories, as well as repair and replacement internal plumbing, central heating with radiators, electrical wiring, the receiving antenna - with the exception of equipment,
b) exchange of furnaces, windows and doors and floors, floors and floor coverings, as well as plaster. Article 6b. First The tenant must keep the premises and the premises to which it is entitled to use, in good condition and hygienic-sanitary rules specified by separate order and follow home. The tenant is also obliged to take care of and protect against damage or devastation of the building for common use, such as passenger lifts, stairwells, corridors, chutes, and other economic areas surrounding the building.
Second Tenant repair and maintenance charges: 1) flooring, floors, floor coverings and wall ceramic tiles, glass and other 2) windows and doors, 3) built-in furniture, including their replacement, 4) cooking ranges, kitchen and flow water heaters (gas, electric and coal), water heaters, tubs, trays, bowls bowls, sinks and washbasins with siphons, batteries and faucets and other sanitary facilities in which the property is furnished, including their replacement,
5) Security equipment and electrical installation, with the exception of replacement antenna cables and accessories aggregate 6) coal stoves and accumulation, including the replacement of worn parts, 7) etażowego central heating, and if it was not installed at the expense of the landlord, his replacement, sanitary drainage pipes to aggregate divisions, including the immediate removal of the obstruction, 9) other pieces of equipment and premises belonging premises by: a) painting or wallpapering and repairing damaged plaster walls and ceilings, b) painting the doors and windows, built-in furniture, kitchen appliances, sanitary and heating. Article 6c. Before issuing the tenant's premises shall draw up a protocol in which define the condition and degree of wear found in the plant and equipment. The protocol is the basis for the recovery of the property settlement.
Art 6d. The tenant may enter the premises only with the consent of improvements and tenant under a written agreement specifying the method of settlement of this account.
Art 6e. First After the end of the lease and the property is empty, renew the tenant is required to make the premises and the burden of repairs and the landlord paid the equivalent of the technical equipment used elements listed in Rule. Paragraph 6b. 2 point 4 that were in place at the time the tenant it. If the lessee during the lease made to replace certain parts of the equipment, he shall return the amount corresponding to the difference between the state of their existing premises on the day of acquisition and the date of its empty. The amounts payable shall be calculated according to prices on the settlement date.
Second The landlord may require the removal of the improvements made by the tenant in breach of Article. 6d and restore the previous state if the substance does not impede the premises, or improvements to stop the return of their value taking into account the wear and tear at the date of empty premises. [/ Lex: 360ohwvj]
Importantly, the Act provided for the duties. In the event of an accident causing injury or damage occurred directly threatening the tenant is obliged to immediately provide the premises in order to remove it. If the tenant is absent or refuses to provide the property, the owner has the right to enter the premises in the presence of the police officer or municipal police (city), and the need to help the fire brigade - even with its participation. If the property was opened in the absence of an adult tenant or a person residing with him constantly, the owner is obliged to secure the premises and found in it things until the arrival of the tenant, the activities of these shall be drawn up. By appointment tenant should also provide the owner of the premises for the purpose of: periodically, in particularly justified cases, the ad-hoc, and review the state of the premises and technical equipment necessary to determine the scope of work and their implementation, as well as the replacement work performed by the owner of aggravating tenant. If the type of necessary repair required, the tenant is obliged to empty the premises and move into the property owner's expense for a replacement, but for no longer than one year. After this date, the owner is required to provide the tenant under the existing legal relationship repaired premises. Rent for local replacement, regardless of its technical equipment, can not be higher than the current rent for the premises.
I's a bit complicated - Civil Code articles 659 - 680 regulate tenancy of not real-estate property (e.g. cars etc.), articles 680 - 692 regulate the tenancy of real estate both by professional units and consuments, and the separate Act on the protection of the rights of tenants (Ustawa o ochronie praw lokatorów) regulates the tenancy of real estate by consuments (i.e. not professionals). The rights and duties of tenants and landlords are regulated in section 2 of the Act.
When you are consument, your rights are rather well protected, since the provisions which are not in accordance with Act are not valid, so even if you sign it it will not be in force. In fact you should only pay attention if the contract is signed for the indefinite or definite period of time (if for definite, the contract lasts for time specified but you cannot terminate it earlier - its your choice), and to look out if there are no contractual penalties (kara umowna). And when terminating contract be sure to do it writing, and be careful not to get shafted on your security deposit (kaucja) - you may want to negotiate payment of last rent by the deposit.
I have been offered an agreement from an agent that has the following clauses. Can anyone tell me if these conditions or clauses are in the Kodeks and mandatory?
1. Interest will be charged to the tenant if the rent is late by 1 day or more 2. The first 300zl of the repair cost of any supplied item (washing machine, cooker, window blinds) is payable by the tenant 3. If the rent is late by 7 days or more, the landlord can end the tenancy 4. Landlord has the right to inspect the property every 3 months 5. The tenant is to leave the flat in same condition as found at the end of the tenancy period, with no allowance for fair wear & tear
(the agreement has been drawn up by an agent)
Any help would be welcome.
My own legal person has said it's "harsh and unfair" and I should walk away.
Well, they are quite harsh, so your legal person is right, but maybe you could negotiate some provisions. Regarding your clauses, my opinion is: 1. Interests are acceptable - the right to demand interest from any due money obligation is regulated in Civil Code. 2. 300 zł of repair costs seems harsh, but due to the Act of protection of tenants rights, the tenant is responsible for inside, smaller repairs. The parties can change it in contract, so its negotiable, but demanding payment for smaller repairs isn't exactly unlawful.
3. This is not in accordance with Act of protection of tenants rights (art 11), so its not valid anyway (you have to be due with rent for 3 months for the owner to be able to terminate contract).
4. This also doesn't seem right, normally the owner cannot enter the property without your permission. Maybe if you agree to this clause, it is valid (it is not forbidden by law), but i would negotiate it, it is not widely accepted clause. Why do they want to inspect you anyway, inspection should be done when you return the local.
5. Due to the civil code (art. 675) you are not responsible for normal wear & tear. But due to the act of protection of tenants rights you should "renew" the apartment upon return - it doesn't precise what that means, i would argue that if nothing is broken you are not responsible for any additional improvements. So i would opt to regulate this in contract as it is in 675 of code civil - return local in good state, but tenant not responsible for normal wear & tear.
There you have, free legal advice :) (Be aware i'm a law student so it may not be 100% correct).
All clausules mentioned by you will be in force if you sign the contract. Civil Code regulations are not mandatory and in most cases(not always but its to big topic to write about it here) you can modify it in your contract.
Act on the protection of the rights of tenants(Ustawa o ochronie praw lokatorów) mentioned earlier also allows both parts of the agreement to modify for example your obligations regarding repairs etc.
Well, I have notified the agent that the agreement needs some changes, as per the above, and that articles 675 and 11 as described in the posts above should apply.
If the agent does not agree, or the landlord does not agree, I would not be surprised. I have been in this situation before, and the landlord did not agree. That's why I'm still looking -- I am yet to find an agent or landlord with a fair contract, there are always problem clauses.
Does anyone have a link to a GOOD tenancy agreement that is fair for the tenant??? If so, please post the link to it. Please don't paste it in Polish as the moderators will delete the post.
I have looked for such an agreement online myself and only find the versions with worrying clauses. Does anyone ever get to rent in Poland with fair clauses???
The agent has said
13% annual interest for late rent payments (I assume this is based on NBP/LIBOR rate plus some other rate)
the fact I am foreign and could return to the UK gives him additional rights about being demanding about the state of the property at the end, as he (and I quote) had problems with an American who used to live there before
inspections are in the contract as every 3 months but in reality the inspections don't happen that often, it's 'just' a clause
they want me to pay for the first 300zl of each small repair needed - but there is no limit to how many things need 'small repairs' per year
Does anyone know of a tenancy agreement which does not have these clauses? I understand the interest rate clause may be compulsory, but apart from that are there any that do not have the other oppressive clauses? Is there anyone who reads the forum who has a good and fair tenancy agreement? Or are we all subject to varying degrees of unfairness?
And why do agents attempt to insert clauses, such as kicking a tenant out after 7 days late rent, if it is not lawful?
I would not enter into a contract as written above. It would appear the landlord/ agent are making the tennants pay for the upkeep of their property at your expense!
2. The first 300zl of the repair cost of any supplied item (washing machine, cooker, window blinds) is payable by the tenant This is quite common in the UK ..........but the cost is fully refundable, it is to stop tennants phoning the agent/ landlord every time there is a minor problem i.e. dripping tap.
5. The tenant is to leave the flat in same condition as found at the end of the tenancy period, with no allowance for fair wear & tear
The last part about fair wear and tear would not stand up in a court of law in the UK.
Remember just beacause it is written into a contract and signed by you does not make it legal, unfair terms and conditions would be thrown out in a magistrates court here.
4. Landlord has the right to inspect the property every 3 months Standard contract here but rarely invoked. Landlord must give 48 hours notice before entering or they are breaking the law.
Turns out there was a problem with the flat itself (not neighbours or anything like that), and luckily I found it before I signed. Had I not have noticed I would have been pretty inconvenienced. The (very pleasant) landlord then told me the problem has always been there and he doesn't know how to fix it. However, he'd not mentioned it to me before I found it myself merely seconds before my pen was going to hit the paperwork. It was more luck than skill that brought the problem to the fore. The agent had promised me he'd check everything but of course missed that problem, it seems.
Could someone advise on this, please. I have an otherwise good tenancy agreement offered to me -- it is 12 months based on the landlord's preference (their idea). However, there is a clause that says either party (landlord or tenant) can end the agreement by giving 1 month's Notice (for any reason). Therefore, it's obviously not really a 12-month agreement, it's a 1-month. I am not sure I'm going to object to it, because the contract is otherwise good -- and I also know that most contracts do say that a tenancy can be ended immediately anyway if the tenant upsets the neighbours or does something the landlord considers negative. Considering that a landlord could lie or falsely claim a tenant did something bad and end the tenancy quickly anyway, the 1-month notice clause does not unduly worry me.
My questions:
-if for some reason I can't leave the flat in 1 month after the landlord's Notice, I assume they have to go to court to get me out legally?
-if I came back to the flat and found the landlord or his 'boys' had put my things on the street or in a van, what legal action could I take against the landlord?
(The tenancy agreement does not ask for an address for me to be evicted to in the event of them throwing me out.)
Any advice would be great.
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