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.