Required Disclosures for Landlords in Poland

In the Polish residential rental market, governed primarily by the Act on the Protection of Tenants' Rights (effective 21 June 2001), there is no universal, state-level procedure like a Lead/Mold packet in the US. However, from the perspective of the Civil Code, landlords are burdened with a solid legal requirement of truthfulness regarding defects, as well as the mandatory integration of formal, top-down mandated technology.

1. Energy Performance Certificate (Absolute Requirement)

Under the Act on Energy Performance of Buildings (effective 9 March 2015, with mandatory rental disclosure strictly enforced since 28 April 2023), the strongest overt obligation in Poland has become the provision of energy performance certificates for residential real estate.

A property owner signing a new apartment rental agreement with a tenant must obtain from the Central Register of Energy Performance of Buildings, and then provide a physical copy or describe and attach to the contract the "Energy Performance Certificate" (Świadectwo charakterystyki energetycznej). It indicates parameters like primary energy (EP) and final energy (EK) demand, which estimate the energy consumption needs of the unit. Failure to present this document can result in a fine of up to 5,000 PLN imposed by state officials.

2. True Property Rights for Rent (Land and Mortgage Registers)

Signing a contract with someone who does not have the legal right to the property (e.g., unauthorized subletting) does not constitute a protected rental. Under the Act on Land and Mortgage Registers (effective 1 July 1982), landlords should demonstrate their ownership status. Tenants are encouraged to verify the property's legal state via the Electronic Land and Mortgage Register (Elektroniczne Księgi Wieczyste - EKW) portal at ekw.ms.gov.pl.

The Landlord typically guarantees in the contract that the rented residence is not encumbered by a bailiff's mortgage ban or third-party rights that would prevent the lease, and that they hold the legal title to collect rent.

3. Warranty - Hidden Defects (Concealed Damage) and Bugs

Under Art. 664 of the Polish Civil Code, the landlord is obliged to hand over the property in a state suitable for the agreed use and maintain it in such a state for the duration of the lease.

If the tenant discovers defects that were concealed by the landlord—such as pest infestations (e.g., bedbugs) or hazardous electrical wiring—they have specific rights:

• Rent Reduction (Art. 664 § 1): If the defects limit the suitability of the premises, the tenant may demand a proportional reduction in rent.
• Immediate Termination (Art. 664 § 2): If the defects make it impossible to use the premises as intended, or if the landlord fails to remove them despite notice, the tenant may terminate the lease without notice.

Return to the Poland Landlord-Tenant Law OverviewPreview unavailable.