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Notice period with rental contract of flats in Poland


Ekspat
24 Jul 2015  #1
Good afternoon to this forum!

I write here to ask about how's the clause for the notice period of leaving an apartment in Poland.

My situation in perspective would be to rent a flat all by myself (like a 2 pokoje) with a 1 year contract.
I read many times about very short notice periods, in the range of 1 to 3 months ... does it means really that, if I sign a 1 year contract with a notice period of 1 month in September, I can confirm in October that I'm leaving and in November I'll be out with the deposit money without any problem and without extra expenses?

Is it normal for polish standards?

I hope that I was able to explain well the situation.
I did some research on the forum but I didn't found good infos about notice periods for rental contracts.

Thank you in advance!
Nathans
26 Jul 2015  #2
It's mostly up to you and your agreement. Whatever you write in the rental contract, it will apply. Think in advance when you want to start and end it and once you follow it you will be fine (and obviously you won't be forced to pay a 'penalty'). Logically speaking, when the agreement is for 1 year then the landlord should not be surprised that the contract will end in one year and they will have exactly one year to find a new renter. In general, 1 month of termination notice is enough (but not less than 1 month).
OP Ekspat
26 Jul 2015  #3
Thank you a lot Nathans!

Yes sure I'll have to negotiate with the landlord, but since I'm passing thru an agency (I'll pay a month of rent to them for the service) they told me that hardly a landlord would accept a contract that is shorter than 1 year.

About the termination notice time, I still don't understand in which way it works between these 2:
- 1 year of contract with 1 month of termination notice means that to not pay penalties I've to stay in the flat for 11 months since the day I entered it

- 1 year of contract with 1 month of termination notice means that I can resign whenever I want and from the moment I officially give the leave letter to the landlord I've to stay in the flat one more month

Thank you again!
Nathans
26 Jul 2015  #4
As I personally understand it, when there is a 1 year of contract then you MUST stay in the apartment for the MINIMUM of 1 year (12 months). So even if you want to move out after 10 months, you are still required to pay for 1 year. Regarding 1 month termination notice, it depends if there is an auto-renewal point in the contract. Probably there isn't, but you can stay in the apartment and pay month to month after 1 year of contract expires. So in that case, whenever you want to move out, you must give the landlord 1 month notice so that to give him enough time to find a new renter. All in all, your landlord must know 1 month in advance that you will be moving out or else the penalty is going to apply.

But, as I wrote, you can specify this exactly in the contract to give yourself more flexibility (eg. you could write in the contract that you will stay in the apartment for 1 year + any extra months you need with 1 month termination notice).
jon357 63 | 14,110
26 Jul 2015  #5
As I personally understand it, when there is a 1 year of contract then you MUST stay in the apartment for the MINIMUM of 1 year

No. It depends on the notice clause. Almost all rental contracts have one.
lgfox
14 Dec 2017  #6
I would appreciate if someone could explain which one of these would apply, as exposed by OP.

- 1 year of contract with 1 month of termination notice means that to not pay penalties I've to stay in the flat for 11 months since the day I entered it

- 1 year of contract with 1 month of termination notice means that I can resign whenever I want and from the moment I officially give the leave letter to the landlord I've to stay in the flat one more month
cms 9 | 1,272
14 Dec 2017  #7
Second one.
lgfox
14 Dec 2017  #8
Thanks @cms


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