Disclosure Requirements and B2B Due Diligence in Poland

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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