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About terminating my flat contract in Poland


ozzy5555 1 | 1
1 Feb 2021 #1
Hello,
So i have a contract with my current flat owner and im planning to go back to my country for next semester but i have a problem. On my contratct i have this "if sublessee wants to quit contract before settled terms, he shall use his best effort to find another sublessee" part and im trying my best to find someone but no one wants to move in. I talked with the owner and he said even if you leave the country you need to pay me rent until the end of our contract. So thing which i wanna askis, is this even legal? What can i do about this? Because i really just wanna leave and go back to my country. No way im gonna pay this guy until the end of my contract. Even if they take this serious and go to law court,what can they do?
Strzelec35 31 | 901
1 Feb 2021 #2
how can they take you to court if you're in another country or force you to pay? just dont come back. just ok him and be like ok ok I gotchya then disappear like the wind. like the wind son.
OP ozzy5555 1 | 1
1 Feb 2021 #3
Yo man, it seems like a pretty easy solution yeah but im studying in poland and i have 1 more year to study so i need to comeback to this country even if its after 6 7 months you know
Strzelec35 31 | 901
1 Feb 2021 #4
that sucks man maybe change your name when you come back or dont melduj sie anywhere stay off the grid so the fourts or he cant find you.
jon357 67 | 16,905
1 Feb 2021 #5
What can i do about this?

More importantly, what can he do? It would be difficult to sue, and provided you've given the specified notice you have the upper hand. It looks like the landlord is trying it on.

"Best effort" seems a very vague and ambiguous phrase to use in a contract.
Strzelec35 31 | 901
1 Feb 2021 #6
yea but was his notice official? in poland its so ****** up they can say youre notice wasnt mailed or in print or written a certian linguistic way to be valid.
jon357 67 | 16,905
1 Feb 2021 #7
Lista polecona should be more than OK, and nowadays if they've communicated already by email, it would be stretching it to say that notice in that format is invalid unless specified otherwise in a contract.
Strzelec35 31 | 901
1 Feb 2021 #8
Yea but the courts or Polish govt is still so backwards they don't consider email communication as legit and he can still die and win. I recently researched it in Polish just google "wypowiedzenie press email wystarczy?" And it should explain it or come up that lawyer claims it's not official.

Wypowiedzenie also has to be like two months in advanced or after they get the letter in stupid Poland it's only valid then the 31st from the month you sent it so another months is when the time officially counts past the 31st.
jon357 67 | 16,905
1 Feb 2021 #9
If it went to court on a technicality like that, a bigger problem would be the phrase "best efforts".
cruisepatron 1 | 129
1 Feb 2021 #10
Yea but the courts or Polish govt is still so backwards they don't consider email comm as legit

I did a lot of communication with the court directly via email. I also received a letter which said electronic evidence such as audio, video, chat messages etc are valid for submission as evidence.
Cargo pants 2 | 975
1 Feb 2021 #11
"Best effort" seems a very vague and ambiguous phrase

No it not,its very clear if he has any proof that he advertised,paid or free ads anywhere online etc or even a picture of a poster on a street pole or any noticeboard should suffice,I love home made lawyers like you coming to court with such idiot excuses and end up paying.

comeback to this country even if its after 6 7 months you know

Usually the Polish landlords are just talk to scare a foreigner as for in the States I would make sure I get the judgement depending on your age,which is good for 20 years and then renew it and wish you have any asset.I did collect couple times like that and still have judgments against people for over 200k,yes its just a paper yet but you never know,as people tend to forget with time and start investing lol and you jump in to cash or you can sell the judgments for 15/20% of the value,I use to sell judgments but now I keep them.Here is the firm who buys judgments in NJ dnb.com/business-directory/company-profiles.pressler__pressler_llp.7dcf24d61a85dd0ecd9a80889a7cfee2.html
jon357 67 | 16,905
1 Feb 2021 #12
I know more about Polish

Evidently you don't.

The OP has been answered adequately; there is little or nothing the landlord can practically do.
Cargo pants 2 | 975
1 Feb 2021 #13
NO,the landlord can do if he wants to and to cover his ass the OP should place free ads on line and keep it as proof or even put notoce on any board and take pictures.
jon357 67 | 16,905
1 Feb 2021 #14
He can if he wants, however the person he rents from can in practice do next to nothing.
Cargo pants 2 | 975
1 Feb 2021 #15
YES he can if he wants,your comments are again like before when you would suggest blackmailing landlords for stealing taxes,
jon357 67 | 16,905
1 Feb 2021 #16
blackmailing landlords for stealing taxes,

Is that:

a. anywhere in this thread
b. 'blackmailing'

No, Deepak, it isn't.

There's also one key word in the OP's message that you haven't picked up on.
cruisepatron 1 | 129
1 Feb 2021 #17
who did younreceive this letter to from or an actual lawyer?

I received the letter from court both in Polish and English translation.
Strzelec35 31 | 901
1 Feb 2021 #18
the letter you received is invalid and wont hold up in court sir. look at the above what the lawyer said.
cruisepatron 1 | 129
1 Feb 2021 #19
Well, I did exactly what the letter said and it worked for me. Maybe it depends on the type of case.
Strzelec35 31 | 901
1 Feb 2021 #20
how has it worked for you when you are still undecided what to do and asking the question here. it obviously hasn't lets not get ahead of ourselves here. you think it may work for you. what did the letter exactly say and who was it addressed from?
cruisepatron 1 | 129
1 Feb 2021 #21
how has it worked for you when you are still undecided what to do and asking the question here.

I didn't ask any question. It has worked for me as the court gave its judgement within 45 mins all based on the electronic evidence I sent via email (other party confessed). So there was no challenge.

who was it adressed from?

As said before, letter was sent by the Regional court 2nd devision of Lodz, it had all the checklist of acceptable evidence, my rights etc... I don't know if this is a standard practice, maybe because I'm a foreigner and also got the embassy involved. Nevertheless it worked for me, that's all it matters.
Strzelec35 31 | 901
2 Feb 2021 #22
please explain it so i can learn from u. did they go to court first or you? who sent the letter and what was your reply? I want to learn everything from the expert on this topic since u clsim u won: u.
dhjelm 4 | 24
20 Feb 2021 #23
The length and troubles people are willing to go through to break a contract. Why sign a contract that you do not plan to honour?

I have been a so called "landlord" in the past, and I am now getting back in to it, in Poland this time.

In general, my experience is that a Landlord will do very little in such situation, even when there is a bulletproof contract. There are several reasons for that. The Law is one reason. But my personal feeling is that it cost me less money, and effort to find new tenants, than to pay a lawyer, or go through the court system.

It took me a few year as a landlord to learn how to filter out people like Ozzy (Thread starter)
Breaking a contract, or just leave may very well bite you in the ass next time you are trying to find a roof over your head.

And in the end, Ozzy, your contract seem quite simple in fact. So probably there is no reason to put your boxing gloves on. You have tried (but failed) to find a new person to take over the contract. Explain this to the landlord, show him the receipts, and/or explain in writing what exactly you have done to fullfill the requirement of the contract.


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