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Termination of fixed term lease in Poland


KochamPolska16
1 Aug 2016 #1
Hello,

I have read a lot of material on this subject and it does not look particularly good for me, but I will put my specific situation out there and see if there is something I have overlooked. Appreciate any advice anyone can offer.

The basics:
- I have a 12 month fixed term rental agreement
- The agreement does not specify a termination period
- I am being relocated to another country by my employer
- The timing of my relocation comes at the 6 month mark of the 12 month agreement
- I have paid 2 months' security deposit, which if I were to forfeit but not pay rent once I leave, would leave the landlord 'down' 4 months' rent

- The apartment is on the more expensive side of rentals in downtown Warsaw
- I have yet to begin negotiating with the landlord but definitely plan to do so (it would just be nice to fully know my rights before doing so)

So given the above, and from what I have read, I am obliged to fulfill the full terms of the contract. The only grey areas I have come across are as follows:

- Vis Major and casus fortuitus - would an unexpected country relocation fall under the civil code as an acceptable reason to terminate a rental agreement?

- The contract does state this:

PL: Najemca może wypowiedzieć niniejszą umowę najmu bez zachowania ustawowych terminów wypowiedzenia ze skutkiem natychmiastowym jeżeli:

EN: The tenant may terminate this lease agreement without observing the statutory period of notice with immediate effect if:

(it then lists various reasons under which the contract can be terminated, none of which apply to my situation).

Regarding that statement, could I consider that given it states circumstances in which the statutory period does not apply, it would apply in all other circumstances? And what is the statutory notice period?

I am hopeful that we can negotiate something, e.g. I would be willing to pay rent through to end of the month I am leaving in (while vacating in the first week of that month) and forfeit the deposit, meaning the landlord has been paid approximately three months' rental income beyond the time I vacate the property. Does that sound somewhat reasonable?

I am going to be really hard pressed to keep paying rent once I leave the country as I will be paying rent in another (far more expensive) country and also need to come up with a security deposit which is about 4x higher than the one I paid here. If the landlord does not accept my proposal we may find ourselves in a situation where I cannot pay anyways even if I desperately wanted to, so I'm not sure it is going to make much difference to the bottom line of the landlord if they play hardball here (other than to waste a lot of time and energy)... if they do though, what recourse do they have against me? I'm moving to a non-EU country and am myself not an EU citizen, if that makes any difference.

Thanks all.
kpc21 1 | 763
1 Aug 2016 #2
It seems it's possible only in the cases mentioned in the agreement.

In case of a rental agreement without a fixed term, it's different, but when it's fixed, there is no other way. If it was stated in the contract that you are allowed to terminate it due to "important reasons", without mentioning them specifically (or with mentioning them but only as examples), then it would work. When it is not so - it doesn't. Sorry, it's what the Internet says.

You just have to talk to the owner, explain your situation and kindly ask if he agrees to terminate the contract. Maybe offer him help with looking for a new person to rent this apartment.
polandnotpoland
25 Sep 2017 #3
Merged:

Canceling lease before taking possession of the place. Poland.



What are my rights if I cancel my agreement one day after signing it. I had a better opportunity some place else and am not going anymore. Now the agency is telling me I have to pay his commission and won't get the deposit back. What can I do?
Sparks11 - | 335
25 Sep 2017 #4
pay it. that's why you signed a contract
kaprys 3 | 2,501
25 Sep 2017 #5
If these were the terms of the contract, you have to pay it.
oracle1029
25 May 2018 #6
Merged:

Early Termination of Rent in Poland



Hi everyone,

I have a month left of rent but i have to leave early from Wroclaw.
My landlord has not been in contact with me since I started living here in October and has not responded to emails.
If I forfeit the security deposit and just leave would I just be losing the deposit or how likely would it be that I run into trouble with passport check when I try to fly out of the country the next month? I know its a strange situation.
terri 1 | 1,665
25 May 2018 #7
The security deposit will be used for the month's rent. It is unlikely that the landlord will sue you for any damages or bills that are unpaid if you leave the country. The passport border control will not know that you have been renting a flat and have left without settling all your bills.
oracle1029
26 May 2018 #8
Sounds ideal. Is it common to simply keep the security deposit when tenants break contract this way?
krkgdn 1 | 3
3 Jun 2018 #9
normally in the contracts theres the clause to be evicted in case you dont pay the rent for 1 or 2 months. can we just not use it to be evicted, terminating the contract ?
Jerome
7 Jan 2020 #10
Hi, I wanted to have your opinion. My contract contains the following:

"The contact may be terminated by the Parties before the end of the period for which it was concluded, if, as a result of events beyond the control of the Parties, there are some circumstances that make it impossible to continue the the lease of the Premises."

I have been proposed a job in another country and intend to accept it (going back near my family, better salary, ...). Would this count as an "event beyond the control of the Parties"? I doubt it, but perhaps the wording is vague enough? Otherwise I would need to pay up to 4 months of rent while moving out of Poland and finding another apartment in my new country, and I can't really afford it right now...

I still haven't talked about this with my landlord, I would like to know my options beforehand.

The same paragraph in Polish in case the translation is of:
"Umowa może zostać rozwiązana przez Strony przed terminem na jaki została zawarta, jeśli w wyniku zdarzeń niezależnych od Stron powstają okoliczności uniemożliwiające dalsze kontynuowanie najmu Lokalu."

Thanks!
cms neuf - | 1,671
7 Jan 2020 #11
No - that clause means if the building burns down or floods etc. you could turn down your other job so it is still withn your control.

You could just ring your landlord and tell him, maybe ask for one month. If he refuses just pay him one month then pack up and leave, there is not a lot he can do about it in practical terms.
Lenka 3 | 2,811
7 Jan 2020 #12
I don't think this counts. But I would try to talk to him/her like to a normal himan being and explain the situation.
Jerome
7 Jan 2020 #13
Oh I was definitely going to talk with him eventually haha, as I said I just wanted to know my options, and they are quite limited in the case of a fixed term contract. But thank you both anyway :)
ALEKSANDR11
30 Apr 2021 #14
Hello everyone, I have an 9 year lease contract about a building in poland. I'm the tenant and I want to terminate the contract. İt wil end in September 2021. But there is a n article in the contract that says; ''Unless there is a written notice 12 months before the expiration date the contract willl automatically be renewed.'' . Now I have missed the due date about this article. İt looks like a long time(1 year prior written notice), is this article legally valid? İs there anything I can do to terminate the contract in September 2021? The landlord claims I have to pay the next 9 years because I havent noticed him. It wil cost me a fortune, please help me. İs he right? Do I have to pay the whole next lease period? There is also an article that says ''The tenant should be responsible to the landlord for any costs, damages and other losses (including lost rent) suffered by the landlord due to the termination of this agreement '' does that mean 9 years? Or do I have to pay him just untill he finds a new tenant??? Please help ASAP I'm in a bad situation here.
Cargo pants 3 | 1,276
30 Apr 2021 #15
Depends on lots of factors like is it a commercial or residential lease,how good a tenant have you been for complaints and in terms of paying rent and how hot is the property to rent by the tenant etc.In fact all depends on the landlord,all those written crap is only for the courts.
ALEKSANDR11
30 Apr 2021 #16
But what if he goes to court? Is all this written crap valid? Would I be forced to pay 9 years lease, even if I dont use it?
pawian 181 | 17,079
1 May 2021 #17
automatically be renewed.''

Does the contract state that it will be renewed for the next 9 years?

.In fact all depends on the landlord

Of course, but in this case the landlord demands the renter to stick to the contract.

Would I be forced to pay 9 years lease, even if I dont use it?

Most probably. Contract is a contract.

Your situation isn`t too rosy, indeed. You will probably need to contact a lawyer.
ALEKSANDR11
3 May 2021 #18
@pawian yes, it was stated in the contract that it will be renewed.
İ guess I'm a little in ****, but thanks though. Have a nice day.
gm95
31 Aug 2021 #19
Merged:

Fixed Term Contract Ending - Termination Before Term



Hi there,
my gf has a fixed term contract under her name, for us both;
the only condition by which she can terminate her contract, is by something that is threatening our health;
now - in the flat, and only in the flat, we have wild allergy, most probably due to very small kitchen where most things are gathering for us to breathe them, and

there are some holes on the floor between each piece of wood, which probably also contain lots of stuff, and which cannot be cleaned completely;

could this be a reason for threatening out health? It is not specified to which degree it shouldn't threaten our health, so in theory I think it could work
cms neuf - | 1,671
31 Aug 2021 #20
Just leave and it's unlikely he will take you to court. You are not obliged to describe your medical conditions to the landlord.

But be fair - leave the flat clean tidy and accept you might lose your deposit
gm95
31 Aug 2021 #21
I think this landlord is not flexible;
first of all, we had a contract for six months, and when it ended he surprised us on the last moment telling he will raise the price, and that he will only accept minimum one year, at the moment when we were going for holidays in 3 days (and he knew), so we couldn't look for another flat; when we described the fact that we would like to be there only for two more months, he answered that it would only be possible if we accept to increase the rent.

So it looks to me like this owner is keen on money, so I want to leave in a way that I can be sure, and it doesn't matter if I loose the deposit;

but I thought this point of the contract about health threatening could turn to our favour
mafketis 29 | 10,322
31 Aug 2021 #22
I thought this point of the contract about health threatening

If he's a typical Polish landlord he doesn't care....
gm95
31 Aug 2021 #23
I don't know if he's typical, I just wondered if legally, fact that evidently something in this flat is causing this allergy even despite cleaning it;

so I just wonder if it can be used as for this part of contract where it says that we can leave if something threatening our health...
mafketis 29 | 10,322
31 Aug 2021 #24
we can leave if something threatening our health

The way Poland works, this would probably require statements from doctors that would take time and effort to collect (and the landlord would have lots of opportunities to challenge those)....

I'm not saying that's the way it works but it's more likely than not.

Poland is not a place where you say "Ya know that kitchen seems to be making us sick, can we get out of the lease?" and get the answer "Sure, that sounds reasonable."
gm95
31 Aug 2021 #25
Ah, I see, well I will call luxmed and hear a free consultation offered in a legal office near Rondo Grzegorzeckie, I think it might not be an issue for a doctor to provide this document, I think we can try, because it's the reality, I'm sneezing like crazy in this flat, and nowhere else;

on the other hand, as it's true that he can challenge it, I think we are not obliged to accept; I mean, he can propose a solution, but we can refuse, no? In the contract there is nothing that obliges us for accepting a solution proposed by owner to solve the issue as a priority to instead leaving;

also, I understand that landlords want their comfort, but when it's not the renters comfort also, then I don't accept it by principle;

lots of people I know have far more flexible contracts by which they can even leave if they just find a better flat, for example, and ours is the only one so strict, and by the way it was played I am willing also to challenge all the chances to get out of it, by principle, as I think who thinks like this is wrong from the beginning
cms neuf - | 1,671
31 Aug 2021 #26
The landlord would have to find you, get a lawyer and then wait for a court date. At the moment there are huge delays for small cases due to the backlog from Covid. That's why if I were you I would just get your new flat, leave and post the keys to him.

There is no way the court will start arguing about allergy documents for such a small amount but in any case it would be pretty unheard of to send those to your landlord - I know these days everyone thinks medical records are public but they shouldn't be and you have no obligation to show them.
gm95
1 Sep 2021 #27
thanks @cms_neuf; does it mean that just my statement that the flat is threat to my health, would be enough for me to leave in a legally safe way, without the necessary documents being necessarily provided?

Is this coming based on your experience or knowledge of law? (i mean if you are working in this field)
cms neuf - | 1,671
1 Sep 2021 #28
Free advice is worth every grosze. If you want professional advice ask a lawyer. I'm just giving you a common sense view.


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