Maintenance and Repair Obligations in Poland (Residential Leases)

The division of maintenance and repair responsibilities in Polish residential leases is not left entirely to contractual negotiation. In force since 10 July 2001, the Act of 21 June 2001 on the Protection of Tenants' Rights (specifically Articles 6a and 6b) establishes a mandatory statutory framework that clearly allocates major structural repairs to the landlord and routine minor maintenance to the tenant.

1. Landlord's Obligations (Art. 6a of the Act of 2001)

Under Article 6a paragraph 1 of the Act, the landlord is obliged to:

• Deliver the premises in a condition fit for agreed use at the commencement of the tenancy.
• Maintain the premises in this condition throughout the duration of the lease.

Article 6a paragraph 2 and 3 specifically identifies the following as the landlord's responsibility:

• Structural elements: Walls, ceilings, floors (load-bearing elements), external facades, and the building's roof.
• Major installations: The central heating installation (instalacja centralnego ogrzewania) — including radiators and pipework — hot and cold water supply systems, gas installations, and sewage and drainage systems within the walls.
• Window and door replacement: The landlord is responsible for the replacement of windows and exterior doors when they are beyond repair due to normal aging or structural failure. (Note: The tenant is only responsible for the maintenance and minor repair of existing windows and doors — see Art. 6b below.)
• Roof and damp: Roof repairs, insulation of external walls against moisture and damp, and repair of faulty ventilation shafts.
• Common building elements: Repairs to shared building infrastructure (staircases, lifts, common area lighting) managed through the housing association (wspólnota mieszkaniowa) — typically funded through annual renovation fund contributions.

2. Tenant's Obligations (Art. 6b of the Act of 2001)

Article 6b paragraph 2 of the Act enumerates the categories of maintenance and repair that fall on the tenant during the tenancy:

• Floor coverings: Maintenance and repair of vinyl, laminate, or wooden floors. This includes polishing, spot varnishing, and general upkeep. However, damage beyond normal wear and tear (e.g., burns from a cigarette, flood damage, deep gouges) is separately assessed as damage — not standard maintenance.
• Painted and plastered walls: The tenant is responsible for maintaining painted surfaces, including repainting when walls become visibly dirty from everyday use. Routine repainting after a standard tenancy period (typically every 3–5 years) is a tenant obligation — not a landlord obligation.
• Doors and windows — minor maintenance: The tenant is responsible for maintaining door locks, hinges, handles, and window seals. However, the replacement of entire windows or doors (when the frame or glass is structurally failed) is the landlord's responsibility under Art. 6a.
• Electrical sockets and switches: Under Art. 6b paragraph 2 point 5, the tenant is responsible for maintaining and repairing electrical sockets and switches within the premises (not the wiring within walls, which is a landlord responsibility).
• Sanitary fixtures — maintenance and replacement: Under Art. 6b paragraph 2 point 4, the tenant is responsible for the repair and replacement of sanitary equipment they are provided with, including bathtubs, shower trays, toilet bowls, sinks, faucets (tapware), and water heaters (boilers). This includes unclogging drains up to the building's main risers.
• Light fittings: Replacing light bulbs, fluorescent tubes, and other consumable lighting elements.

3. Capital Works: The Landlord's Investment Responsibility

Beyond routine maintenance, the landlord is responsible for capital works (remonty kapitalne) — major structural interventions that go beyond day-to-day upkeep:

• Full replacement of the central heating system when it reaches the end of its service life.
• Complete re-piping of water and sewage infrastructure within the walls.
• Replacement of the building's roof or insulation when structurally necessary.
• Structural repairs to load-bearing walls, ceilings, or foundations.

These capital works are typically coordinated through the housing association (wspólnota mieszkaniowa or spółdzielnia mieszkaniowa) for multi-unit buildings, with costs funded through the building's renovation fund (fundusz remontowy) — a regular levy paid by property owners.

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