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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 2 | 2,189
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 - | 1,331
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 | 1,750
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 :)


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