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 provide a physical or electronic copy of the "Energy Performance Certificate" (Świadectwo charakterystyki energetycznej) at the conclusion of the lease. This right cannot be waived by the tenant. Furthermore, under Art. 11 of the Act, if a certificate exists, the landlord must disclose the following parameters in any rental advertisement:

• Annual demand for usable energy (EU)
• Final energy (EK)
• Non-renewable primary energy (EP)
• Share of renewable energy (OZE)
• Unit CO2 emissions

Failure to provide the EPC is a misdemeanor punishable by a fine of up to 5,000 PLN (Art. 41).

2. Mandatory Handover Protocol (Protokół zdawczo-odbiorczy)

Under Art. 6b of the Act on the Protection of Tenants' Rights (21 June 2001), the parties MUST draw up a report before handing over the premises. This document must specify the technical condition and the degree of wear and tear of installations and equipment (e.g., plumbing, electrical, appliances). This protocol serves as the primary evidence for the condition of the property and is the legal basis for settling damages or wear-and-tear disputes upon termination.

3. 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.

4. Warranty - Hidden Defects and Health Hazards

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—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. This right is generally excluded if the tenant knew of the defects at signing (Art. 664 § 3).
• Health Hazards (Art. 682): If the defects of the rented premises are of such a nature that they endanger the health of the tenant or their household members, the tenant may terminate the lease without notice, even if they knew about the defects at the time of signing the contract.

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