Disclosure Requirements and B2B Due Diligence in Poland
Understanding the Land Registry (EKW) verification, statutory warranties for defects under Art. 664 KC, and the allocation of administrative permit risks in Polish commercial leases.
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
In the Polish residential rental market, the relationship is primarily governed by the Polish Civil Code (Art. 659–692) and the mandatory provisions of the Act of 21 June 2001 on the Protection of Tenants' Rights (Ustawa o ochronie praw lokatorów). Under Article 662 KC, the landlord is obligated to hand over the premises in a condition suitable for the agreed use and to maintain it in such condition, subject to specific maintenance divisions defined by residential law.
1. Legal Due Diligence: The Land and Mortgage Register (EKW)
Verification of the property's legal status is conducted via the Electronic Land and Mortgage Register (Elektroniczne Księgi Wieczyste - EKW). Tenants review the EKW to understand the property's legal standing:
- Section III (Rights and Claims): Discloses limitations on disposal, third-party rights (such as life annuities), and any pending enforcement proceedings.
- Section IV (Mortgages): Lists all financial encumbrances. While mortgages do not prevent a lease, they indicate the financial health of the property owner and potential risks in the event of foreclosure.
2. Warranties and Liability for Defects (Art. 664 KC)
The Polish Civil Code (Art. 664) establishes a statutory warranty for defects in the leased property:
- Physical Defects: If the premises have defects that limit its usability for the agreed purpose (e.g., heating failure, structural leaks, or faulty wiring), the tenant may demand a proportional rent reduction for the duration of the defect.
- Termination Rights: If a defect prevents the use of the premises entirely, or if the landlord fails to remove a reported defect within an appropriate timeframe, the tenant may terminate the lease without notice (immediate effect).
3. Occasional Lease Requirements and Maintenance Duties
Residential compliance in Poland relies heavily on the Act on the Protection of Tenants' Rights, which mandates specific protocols for lease execution and property upkeep:
- Occasional Lease (Najem okazjonalny): To mitigate eviction risks, landlords typically use the format defined in Art. 19a of the Act. This requires the tenant to provide: (a) a notarized statement of voluntary submission to enforcement, (b) an indication of an alternative residential address for relocation, and (c) written consent from the owner of that alternative address.
- Maintenance and Repairs (Art. 6b): The law provides a mandatory division of duties. The landlord is responsible for the building's structure and major installations (water, gas, electricity, heating). The tenant is responsible for minor repairs, painting, and the maintenance of floors, windows, and internal equipment.
- Energy Performance Disclosure: Since 28 April 2023, landlords must provide an Energy Performance Certificate (Świadectwo charakterystyki energetycznej) at the time of lease execution. Failure to provide this document can result in a fine of up to PLN 5,000.
Disputes related to residential tenancies are handled by the common courts, with specific protections afforded to tenants under the Act on the Protection of Tenants' Rights.
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Sources & Official References
Frequently Asked Questions
▶What are the key landlord-tenant laws in Poland?
The relationship between landlords and residential tenants in Poland is governed by the Civil Code and the Act on the Protection of Tenants\' Rights. Polish law is highly protective of tenants, making formal compliance essential for property owners. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the legal eviction process for landlords in Poland?
The eviction process in Poland requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in Poland?
Poland has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Poland?
Poland has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Poland?
Lease agreements in Poland must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Poland?
Landlords in Poland are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Poland?
Poland has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Poland?
Landlords in Poland must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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