Required Disclosures for Landlords in Poland

In the Polish residential rental market, 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)

In accordance with upcoming amendments to the Construction Law based on European directives concerning green energy, for the past few years, the strongest overt obligation in Poland has become the certificate of energy classes from residential real estate audits.

A property owner signing a new and paid apartment rental agreement with a new (third-party market) Tenant, in light of this rigorous absolute law, must obtain from the national ministry system, and then provide a physical copy or describe and attach to the new contract the "Building Energy Performance Certificate" (Świadectwo charakterystyki energetycznej budynku). It indicates parameters like CO2 losses or estimates the energy consumption needs of windows and facades for heating from an electrical state to the standard of a given market apartment for the new resident's portfolio (for calculating rent / utility living costs - in ecological terms for the new EU directive commission) before signing and taking over the unit. In the opposite scenario (failure to present the audit attachment, which costs around 500 PLN), state officials can burden the investor with a fine of 5,000 PLN.

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

Signing a contract with an illegal tenant-scammer in the system does not constitute a protected rental base (most often the crime of unauthorized subletting from real, legal owners without consent, capturing deposits into criminals' wallets). The representative of Polish public credibility, a requirement of flawless tenant prudence among advisors to demand, is the Presentation of Investment Ownership from the Landlord via state bodies, on the Internet Portal of the Government - Land and Mortgage Registers in the gov.pl portal (E-Księga państwowa). This act of the Landlord's declaration is entered openly on the first page of the rigor to the Polish contract - "The Landlord guarantees and bears criminal consequences that the rented residence or developer's apartment is not encumbered by a bailiff's mortgage ban, and that they alone hold the notarial deed, or as half with a Wife / Daughter with the consent of the other half under a 1-day verification regime in the KW to legally collect remuneration from the tenant."

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

Similar to Europe (Art. 664 of the Polish civil system's CC), the Owner receives an obligation that, at the moment of handing over the property into their hands, it is free of encumbrances from point three or "defects hindering safe, normal, and physical life to the consumer standards of living". If the tenant discovers in the first weeks massive bedbug nests (vermin) or burning wall wiring threatening a short circuit due to the Landlord's concealment from the advertisement, and which, after standard conversational introductory apartment tours, physically and rationally resulted from overly optimistic concealments in the fault-sleeping protocols - upon the Tenant's declaration, they have the right via an urgent sharp withdrawal from penalty to enter an unconditional termination and return the cost of the deposit into their hands along with non-payment of rent during the defects depicting a general lack of usefulness, to a summons or rapid reimbursement of repair costs ordered with the assistance of an invoice service "on the Owner's account".

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