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Law and tenancy contracts in Poland


howto 1 | 2
19 May 2013 #1
I have an issue with a landlord (who is a company) where for months now issue presented with the building and their reception staff are always denied where feasible or ignored where not possible. these complaints include excessive noise after hours by either tenants or workmen; violation of non smoking rule by their reception staff, faulty lifts, lack of or at best inadequate laundry facility, lack of safety rail on an outer main staircase, CCTV cameras non operable, lack of smoke detectors, fire alarm and doors faulty, reception staff allowing 3rd parties into the building for door to door sales or donations purposes.

I am now looking to terminate the contract 1 1/2 months ahead but the contract has only an exit clause for the landlord and none for the tenant! Is this legally possible to have a one sided contract?

Being a student in private owned student dorms, does this make any difference?

What are tenant's rights in Polish civil code / law that would help me break this contract?
rozumiemnic 8 | 3,881
19 May 2013 #2
just leave, i doubt they would sue you somehow.
their side of the contract is already broken.
OP howto 1 | 2
19 May 2013 #3
Is there a way of doing this break of contract more lawful and formal?

As far as I know contracts should offer exit clauses to both parties not just a contract that is biased to the favour of the landlord ?

What is the law as this would supersede private drafted letting agreements?
rozumiemnic 8 | 3,881
19 May 2013 #4
no idea, i wouldnt really care personally, just stop paying rent and move out, simples.
OP howto 1 | 2
19 May 2013 #5
Thank you for your advise.
Btw are you Polish? Are you living in Poland?
phtoa 9 | 236
20 May 2013 #6
no idea, i wouldnt really care personally, just stop paying rent and move out, simples.

Exactly, my friend's did the same.
You'll loose your deposit though (if you paid such) and that's it.
EasyRent - | 5
20 May 2013 #7
Hmm From my point of view it's not that simple (I'm Real Estate Agent and I know polish law in that area) so,

1rst. Owner is not responsable for reception staff , cameras in the building etc, you just can't demand on him to repair or fire them...He can only write an official letter to Administration Office, describe issues and waiting for response.

2nd. About parties, just call to the Police, simple.

and about termination contract, if contract was sign for some period of time (one year, six months, etc) , there is no possibility to resign without owners permission. you can write an official letter to owner and describe your problems with building, but it's all ...

If you stop paying, there is alsowys a risk that owner can sue you...

Good luck!

Marzena
jon357 63 | 15,309
20 May 2013 #8
Owner is not responsable for reception staff , cameras in the building etc

Remember:

Being a student in private owned student dorms,

Really, tenancy contracts in PL aren't worth very much.

If the person in question (a bit fussy for a student, maybe) is unhappy, he should just leave.
rozumiemnic 8 | 3,881
20 May 2013 #9
Easyrent, the owner would be responsible for doors at least.
If I were this person I would just move out , realistically what is the landlord going to do?
nothing.
Landlords do have responsibilities apart from collecting the rent u know.
EasyRent - | 5
20 May 2013 #10
Being a student in private owned student dorms

I never heard of private dorms with reception staffs, monitoring etc :D Where are they?

Yes, owner should be responsible for the doors, I can agree with you.
Yes they have responsibilities about flats, not whole buildings, unfortunately.

You can try give him letter of resignation and see what he will say .
jon357 63 | 15,309
20 May 2013 #11
I never heard of private dorms with reception staffs, monitoring etc

Then you evidently never heard (or read) the original post.

It isn't 'an 'owner', or some bottom-feeding agent. His beef is with the management of the dorm.
EasyRent - | 5
20 May 2013 #12
The risk of living in dormitories... Not always privat mean good :)
But if is a company, it will be harder to fight against them, so still I suggest write a letter of resignantion and see what happen.
jon357 63 | 15,309
20 May 2013 #13
It's unlikely they'd bother to sue. And as you suggest, there's probably an okres wypowiedzenie in the contract, unless it's for the academic year with no leeway.

It doesn't actually sound so bad - perhaps the original poster is being a bit fussy. It's a student dorm after all.
Guest
17 May 2015 #14
Merged: Canceling rental contract - what are the legal steps?

Hi everybody,

I am currently living with 5 other flatmates in an appartment in Warsaw. Our contract has a lenght on 1 year and started in October 2014. The problem is that we all would like to cancel the contract and leave in the beginning of July or at the end. The problem is that there is nothing on the contract stating something about the cancelation of the contract, or the notice period before leaving.

We asked the landlord if it was possible to leave the flat but, he told us that it was impossible to leave the flat before the end of the contract despite the fact that we told him that we agreed to give him all of it if he agreed.

Therefore, i would like to know if it was possible to break the contract and if yes, what are the legal steps to do so?

Thank's in advance for help.
STProp
17 May 2015 #15
Its a contract for a reason.
If everyone wanted to leave early there would be no reason for contract
If you wanted a rolling contract you should have neg for one where you can leave early. But mostlikley the landlord then would rent to someone else.

If I was your landlord, I would charge a fee for early exit, the same way a mobile company would charge when you wanted to exit a contract.
Nitsibuhs
17 May 2015 #16
Thank's for your answer. If i understood, nothing can be done regarding an early exit.

Therefore, even if the owner doesn't want, can I find someone willing to take my room til the end of the contract? Should I have the landlord permisison? or can i sign a contract with the 3rd person and just notify the landlord?
disnedevil
1 Mar 2018 #17
Merged:

Breaking a long term apartment contract



Hello,

On my long term rent apartment contract doesn't have any information about breaking it. I want to move to a new apartment. Is there any default law in this case?

I mean, something like 1 month notice or something like that?

Thanks
Alexbrz 3 | 78
5 Mar 2018 #18
No, there is not. If you signed for a term, you are stuck to it for that term. Thats what a contract is for.

If there IS a notice-period, that is stated in the contract. If there isnt, you are bound to the owners good-will.
portalru - | 2
5 Mar 2018 #19
who is responsible for repairs and which repairs?
O WELL 1 | 158
6 Mar 2018 #20
If the person in question (a bit fussy for a student, maybe) is unhappy, he should just leave.

Until the landlord wants to take the tenant to e court in Poznan with great success.
jon357 63 | 15,309
6 Mar 2018 #21
The post you tried to reply to is a. 5 years old and b. refers to a students' hall of residence. You are also evidently unable to understand the rest of the post.
O WELL 1 | 158
6 Mar 2018 #22
Sorry my bad,cuz the new thread was merged..BTW I meant Lublin e court and not Poznan
jon357 63 | 15,309
6 Mar 2018 #23
You weren't quoting from the new thread, which in any case does not mention either city.
O WELL 1 | 158
6 Mar 2018 #24
I was talking about the e court dammit,where it is.
jon357 63 | 15,309
6 Mar 2018 #25
No, you were quoting about an issue regarding a student hall, five years ago. Perhaps you think he's a very long-term student indeed.
O WELL 1 | 158
6 Mar 2018 #26
Stop baiting jon,you english teaching habbits die hard,But remember JM you are marked<Politeness is not weakness.
jon357 63 | 15,309
6 Mar 2018 #27
baiting

Hard to see how your attempts at posting help either the poster from five years ago or the recent one. Especially since the recent one seems to have signed a bad contract.

marked

Threats are a very bad idea...
Alexbrz 3 | 78
6 Mar 2018 #28
You two are like small children. Who are you helping exactly with this back-and-forth on an internetforum?
jon357 63 | 15,309
6 Mar 2018 #29
You two are like small children

You'll notice that just one person appeared in order to post odd things.

And no, he hasn't hel;pedeither poster, one of whom (who posted 5 years ago) is in a straightforward situation, and the other (recent) one has simply signed a bad contract and should either just leave and move on (the landlord would only risk suing if his/her tax affairs regarding the property are squeaky clean) or just stay to the end of the contract.

Never, ever, sign a rental contract without a notice clause.
O WELL 1 | 158
6 Mar 2018 #30
Threats are a very bad idea...

Really? I didnt know.

If you feel threatened,do something about it or just STFU and stay on topic.


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