Formal Requirements for Lease Agreements (11 months vs. Indefinite) in Poland

In the legal system of the Republic of Poland, there is a presumption of advantage on the side of consumer use (Tenant Resident), forcing rigorous definition of all complex elements of the relationship in writing. The lack of "paper" transforms the rigor of the duration of the contract on the spot into an indefinite-term creature, which is difficult to terminate, blocking eviction and barring throwing the tenant out on the anniversary of residence.

1. Code Requirements - "Written Form"

The Polish Civil Code specifies: Any Lease Agreement transaction in form (for a local residential apartment property or a countryside house) concluded for circulation with a desired calendar passage of a duration over a returning 1 calendar YEAR is burdened with the Postulate of a Documentary Writing.

• If oral rigorous agreements were made between the owner as a lease contract, in advance multi-year rent just like that for manually handing over cash every Friday under the stairwell; the Law of the Republic absolutely after 365 days considers this contractual whisper legally presumed ex officio - that the Contract has reshaped (so-called concluded to transformation into) the duration of an imprisoned Legal form "FOR INDEFINITE TIME (Unlimited until the end of days of existence)", on terms fatal because statutory for the landlord eviction-wise in difficult consequences for disposal!

On an ordinary written and most common one for renting, e.g., among small contracts "11 - or Fixed max for a year 12-month - sheet contract" (ordinary) There should be meticulous rigor: Listing the Parties to the lease for exact Identification (Passports / NIP / ID cards with PESEL of residence in the Polish system for vindicating the Republic's Public Treasury), detailing Pure Rent Fees to the owner to a Polish account No. X with cutting off the expenses of the housing cooperative's Exploitation Fees (Separation), and an attached, legally provided Acceptance and handover signed cardboard protocol of meter photocopies (PZO) from taken photos of hole defects for deposits (security deposit).

2. The Real Shield ("Notary Regime" for Occasional Lease).

The most common rescue for Polish New Owners escaping evictions, in the face of today's realities protecting a mother after divorce and children from "sentenced" removal, establishes the regime of Occasional Lease (Najem Okazjonalny) introduced for "non-official Landlords". This is an absolutely legal new form of Lease, hedged with a strict list of included forms from the Office of Law.

This new form of Contract under a marked Occasional Lease, admitted to a maximum validity of exactly 10 years; for the rigor of recognizing the form - Must possess for the photocopy of the contractual 3 absolute certifications on special separate joint declarations (Often for 300 - 500 PLN and a personal visit to a Notary for both the landlords and tenants to set up the state act):

1. Statement with a Notarial Deed of the Tenant with a red seal on Law - voluntarily and directly submitting oneself to the system of the most powerful and lightning-fast undertaking in a throw-out eviction Bailiff's order (clause art 777 kpc) and without any right to appeal court resistance about a municipal support premises or protections, and relieves the Judge without examining the merits by a verdict to send an execution for post-vacating the property.
2. The Tenant submits a letter Legally written Statement on a piece of paper (for pretending false signatures of the forgery code state and prison) for an address declaration from the "Indicated other foreign free substitute housing door of stay for him to eviction there so the Bailiff sends Him anew"; in the situation of terminations for final rent, e.g., for rigorous debt from point 1.
3. Letter of Consent to accept the evicted person there, clearly signed by this second statement - Possessor Owner in the Register Book of a 3rd stranger at the "Copy" address, supposedly indicated as an escape from the reservation in facility no. 2 behind the Notary, e.g., Grandma to the state execution judgment. Only then will the law approve the protective "Kowalski" from the procedure - that from his floor, the police will remove the guilty of throwing out indebted Debtor. This document must then be Officially sent for notifications to the Supreme Authority - Tax Offices (US PIT and Fiscal) under rigor of maximum legal expiration of reaching and lack of harsh validity strikes of contractual up to 14 days deadline at the Post Office receipt under the stairwell.

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