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Termination of fixed term renting contracts-residential in Poland


Steven2020 2 | 10
23 May 2020 #1
Hello,
My case it's simple.
I have an fixed term renting contract for a flat,for 1 year. Contract was signed 6 months ago.
Last month I was fired from my work ,during existing epidemic situation,after beeing in this company for long time.
Under this situation, of course I want to return to my country,finding a similar job,will not be easy.
So,I want to terminate the contract as fast as possible,and /or maybe recover my warranty,paid ,due to the fact that I didn't destroy anything on that house.

In contract it's nothing about earlier termination of the rent.
Can you tell me clear,what it's best solution for me?
Of course ,owner of house want me to pay one extra month +warranty ,and me to go out at end of monthπŸ˜…
Cargo pants 2 | 641
23 May 2020 #2
warranty

You mean security aka Kausia?
OP Steven2020 2 | 10
23 May 2020 #3
Also,I m interested to find some reasons to terminate the contract.The fact that almost every morning from toilet ,come a stinky , terrible smell can be a reason?or the fact that I'm living at last level and have some big roof windows, without any blinds or folia,and owners asked me to buy blinds if I want..lately we had only sunny days,I completely destroyed my long sleeping habits πŸ˜…

@kargo..it's deposit,sorry,kaucja
cms neuf - | 1,579
23 May 2020 #4
Just forget about your kaucja and leave when you feel like it. He won't follow it up - but just be a decent person and leave it clean and tidy.

Or accept the guys offer.

But make sure you can cross the border before you leave.

No the things you mention are not reasons to break a contract. But this is not a time when contracts and lawyers mean much - if you have no job then you can't pay rent and that is obvious.
OP Steven2020 2 | 10
23 May 2020 #5
Ok thanks for answer..so no chance to get back that deposit?:)..
cms neuf - | 1,579
23 May 2020 #6
Not much - you can ask the guy and see if you negotiate but I doubt you will get it back
OP Steven2020 2 | 10
23 May 2020 #7
Anyway,If I don't pay ,I cannot be evacuated right,?so if owner knows that ,maybe he will give me money back,to escape of me..I know evacuation is a long process..Just asking.. theoretically I'm not look for problems, just want my money back,and pay for time I'm staying in house,and pay for water which I'm using me, not others..
cms neuf - | 1,579
23 May 2020 #8
Legally he can't but as I said earlier this is not the time for contracts and lawyers. So if he changes the locks or turns up with a couple of guys and throws your stuff on the street then the police or the Straz have no bandwidth to deal with that at the moment.

There are two important facts on the ground - your deposit is in his bank account, you have no means to pay ongoing rent. Given that the cleanest exit is to forget about your deposit.

You are leaving him with a problem of an empty flat and a credit to pay - show some empathy for the guy and forget about your few hundred zloty.
Cargo pants 2 | 641
23 May 2020 #9
if he changes the locks or turns up with a couple of guys and throws your stuff

Very well said or even shuts of electricity.

You are leaving him with a problem of an empty flat and a credit to pa

Exactly,its not landlords fault that he lost his job.Should have rented a flat with month to month lease.

this is not the time for contracts and lawyers

I disagree,if he is a full time landlord then I suppose he will look to get his remaining money for the whole year,even though these times eviction is almost impossible.If it was me I will certainly go to court and get the judgement which will be with interest allowed by law(No matter if it gets paid or not one can find a way later for that)Never happened with me in Poland but in States I take a judgement usually 3 times the amount owed and sell the judgement for half or 1/3 the price to debt collectors.
cms neuf - | 1,579
23 May 2020 #10
He can get his judgement , sell it to a debt collector etc but that is not a Christian way to behave - this guy has lost his job through no fault of his own and has no money. He needs to make a new start.

I have a couple of apartments myself, not a professional landlord but I see the difficulty here - the courts are not open, lawyers are not working, listy polecone are not being collected, debt collectors are busy and not going to bother taking on a few thousand zloty debt from someone who is already abroad. My own view would be to shrug my shoulders and start looking for a new tenant.
jon357 66 | 16,176
23 May 2020 #11
shrug my shoulders and start looking for a new tenant.

A lot of that in Poland right now; people who rent somewhere in Warsaw through the week no longer have a reason to be in Warsaw and are just abandoning the flats.
cms neuf - | 1,579
23 May 2020 #12
Of course - and there are worse problems in the world than having an empty second home. In time these things will work themselves out
OP Steven2020 2 | 10
23 May 2020 #13
@cms neuf
There is also a different way of thinking ,just look at opinion of @cargo pants terrible way of thinking..I n also renting an apartment in my city,and I had similar situation,but we are humans,not animals..

@cargo pants I'm curious what you can get after 2years of trials from a guy who is already in different country,and has no accounts in Poland
jon357 66 | 16,176
23 May 2020 #14
also renting an apartment in my city,

Same here. These are exceptional times, and we'll all survive if we work together.

Sometimes landlords have to take a small loss. If someone loses a few months rent, they still gain on capital appreciation.
Cargo pants 2 | 641
24 May 2020 #15
what you can get after 2years of trials from a guy who is already in different country,and has no accounts in Poland

Not if its in a e court.Business is Business,I can agree with commercials who have no business but with residentials? Sorry,its the same way when I was in business and accepted checks,when some bounced I would file report and some will not show up,then the court would issue contempt of court order even for 2 bucks,bailable with 400$ even after 20 years,wherever and when the cops check you(mostly by traffic stops) and you were arrested bailed and come and settle the case with 400$ contempt of court fine plus 200$ restitution and check amount with 10% interest and bank fee.Even after 16 years out of business I still get checks mailed.

I think they are planning the same system for the EU now too.
cms neuf - | 1,579
24 May 2020 #16
Private debts cannot be enforced at traffic stops or border crossings. As a taxpayer here I don't ever want police and border guards wasting time on that - their job is to make us safer. There is separate komornik system for private debts.

You can get stopped at the border for speeding fines, fare dodging and other criminal stuff but it's very rare. ,
Cargo pants 2 | 641
25 May 2020 #17
Private debts cannot be enforced

Once the person dont show up in court twice and court issues a contempt of court warrant then that is not about private debt.Years back a vietnamese cop friend of mine in Poland was sent to UK to work with UK police to arrest some Poles who were working there and bring them back
cms neuf - | 1,579
25 May 2020 #18
I imagine that was for more than a few thousand zloty from 6 months unpaid rent.
Lazarus 1 | 54
25 May 2020 #19
Once the person dont show up in court twice and court issues a contempt of court warrant

Interesting information.
Tavaruapt
24 Aug 2020 #20
What if you find someone that would agree to move in to the apartment? Can the Landlord do a new contract without accepting to terminate your one? Also if the Landlord is not paying her tax on rental income can they still go to court and win if they to are breaking the law?
Cargo pants 2 | 641
24 Aug 2020 #21
Can the Landlord do a new contract without accepting to terminate your one

CAN the landlord?Wait I didnt understand your real question here?

Landlord is not paying her tax on rental income can they still go to court and win if they to are breaking the law?

Again,YES,she can go to court and win.That has nothing to do between landlord and tenant,its between the tax department and the landlord and that also will matter if the tax department is informed.If it was me I would calculate the tax penalties and the amount to be recovered and play accordingly.
Tavaruapt
25 Aug 2020 #22
I still have 1 year left in my contract but my wife job send her to another country so we will have to leave. Beside leaving the 2 months deposit I will also started looking to find another tenant so that my Landlord doesn't loose income. Already got someone that came see the apartment and he look to be very interested. My question is let's say she accepts taking this new tenant, can she make a new contract for the new tenant and without annulling my one? and still going to court? She is a private landlord that according to her she uses the money from this rental to pay her own rental somewhere else in the city.
Cargo pants 2 | 641
25 Aug 2020 #23
My question is let's say she accepts taking this new tenan

Yes,most decent tenants will and should,until the tenant is a trash tenant with a record.It is in landlords interest to do it also when you are leaving 2 months security.If she dont then she is very stupid.
Tavaruapt
25 Aug 2020 #24
Why is in there interest do so? The tenant is doing everything in their power to help her to get a new tenant and if a new tenant is found to take up the contract so there minimal disruption on her rental income and still stays with 2 months deposit that more than compensate for tear and wear of the house. Lived in many countries in Europe and never had problems when had to leave with most landlord being flexible as it is mutual benefit.
mafketis 24 | 8,878
25 Aug 2020 #25
Why is in there interest do so?

Polish landlords..... are not the best that humanity has to offer.... it's not their fault entirely (massive housing shortages from the commie period lasted until well after 2000) but.... yeah.
Cargo pants 2 | 641
25 Aug 2020 #26
Yes,most decent tenants will

My bad,I meant most Landlords will do it.

It is in landlords interest to do

Because you are finding him a tenant and also leaving 2 months security.

... it's not their fault entirely (massive housing shortages from the

Now you are generalizing like all the old Brits here would tell tenants seeking advice to threat there landlords for not paying taxes.They underestimated Poles and thought they were all thieves where as most pay,seriously how hard is to shell out cpl hundred Zlots on 3k rent???Not worth the risk esp if they have a umowa and get money by bank transfers of course there some but not as many as the EXPATS here think.


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