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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 67 | 16,906
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 | 1,255
14 Dec 2017 #7
Second one.
JohnJ898
17 Jun 2021 #8
Merged:

Ended Rental Contract Early



Hello,

Back in September I signed a one year contract with a student dormitory proprietor and due to unfortunate circumstances had to leave Poland in December. I gave a one months notice to the landlord, offered a replacement candidate whom they denied because he accidentally made a reservation of another type of room (just excuses and bullshit) and when explaining clauses within their contract they never responded to me. They said management would get back to me, but never did.

Even 4 months later they had a fake email sent from a lawyer demanding rent payment and I responded to the lawyer, yet I received no response back.

Now 8 months later they are demanding payment but offering a 30% discount to avoid "high court costs on both sides" "Putting my name in the debt registry of my country"

I sent an email again explaining that I was never responded to when I explained my situation and two clauses within their contract.

Nowhere in their contract does it state that they will take tenants to court, go through debt collections, for early termination. Furthermore, their own regulations state that if there is early termination, the Landlord is entitled to 2 months rent only as a settlement.

Again, I received no response from them.

What shall I do?
Cargo pants 2 | 975
17 Jun 2021 #9
debt registry of my country

which country?
JohnJ898
17 Jun 2021 #10
Sweden
Cargo pants 2 | 975
17 Jun 2021 #11
Depends on the amount,I dont think so they can do anything except to try to shake you down.I would just not respond to there mail and keep quiet and dont worry about it.
JohnJ898
17 Jun 2021 #12
its 12,000 zl but they are reducing it to 8000 zl. However that is not part of their regulations, as they state that only 2 months penalty is done.
Cargo pants 2 | 975
17 Jun 2021 #13
8000pln= 2000Euros roughly,I doubt that,just ignore there mails,dont respond.One good thing is that they are ready for 8000pln, worse case there is a way if they ever even do put it on your credit(I say 10% chances they will) and you need credit and this becomes a issue,then just deposit 2000 euros in an attorney trust account and tell the bank the case is in dispute and they will issue you the credit.After 2/3 months tell your attorney to release the funds.That is in extreme case,I doubt if that will ever happen,and dont let this little sh*it bother you.
JohnJ898
17 Jun 2021 #14
@Cargo pants
Thank you for the response. They wont even respond to me soo..........
Cargo pants 2 | 975
17 Jun 2021 #15
As long as you respond they will try to shake you down,just ignore them,thats your best bet.


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