- date and place of contract conclusion
- exact determination of the lessor and the lessee (name and surname, address, number of an identity document, the PESEL number, etc).
NOTE!
Before concluding a contract, you should check the lessor's legal title to a dwelling (ask for an property act or an authority from an owner certified by a notary).
- specification of the contract subject (exact description of premises with its address and surface).
NOTE!
It is important to make an exact description of premises state, available media (power supply, water supply, phone line, Internet access etc), furniture etc.
This is why a protocol including registers values, equipment, furniture, state of supplies condition should be prepared and signed by parties. Such protocol will be a basis for evaluation of premises condition at the end of the contract.
- specification of the purposes of renting a premise (for business activity, for living etc.).
- specification of commission date i.e. the date when the lessee receives keys to the premises (it can take place at contract conclusion or at other time)
IMPORTANT!
If the commission date is not specified in the contract, the lessor should enable immediate commission after lessee's request.
- specification of a rental period (for a fixed period of time or indefinite period of time).
- specification of the rent cost and terms of its payment
NOTE!
A RENT is the amount of money you will pay to the lessor for rental. The same term is used to describe payments that owner transfers to e.g. a housing co-operative.
If parties did not specify terms of payments, a rent should be paid in advance. Period of rent payments depends of the rental period. If a rental period is shorter than one month, a rent should be paid in advance in whole. In case of longer rentals, a rent should be paid once a month in advance (e.g. on the 10th of each month).
IMPORTANT! Please remember about punctual rent payments. If you pay by cash, ask the lessor to give you a receipt of your payment. If you pay in a bank account, keep receipts as well.
NOTE!
The law enables the lessor to raise a rent of a dwelling. A raise should be justified and cannot be more frequent than once per 6 months and with a 3-months notice at the end of a month unless a contract specifies longer period. If you do not accept a raise, a contract is not in force after informing the lessor about it.
NOTE! In case of rental for other than housing aims, the lessor can raise a rent with a 1 month notice at the end of a month.
- signatures of contract parties
NOTE!
A rental contract may oblige you to pay a DEPOSIT, which aim is to secure specific claims of the lessor (e.g. resulting from unpaid rents, damages, etc.). A deposit cannot be higher than the value of 12 months’ rent. A deposit is given back in one month from the date of the lessee's leave from the premises or when the lessee buys the premises. If there is no need to use a deposit for covering lessor's claims, it should be given back in the same amount, even if a rent was reduced.
NOTE!
In case of other aims than housing ones, a deposit value and its return terms may be specified in a different way.
What should also be included in a rental contract?
- exact specification of other costs apart from a rent; it is worth to specify who covers costs of electricity, gas, phone, the Internet access etc.
- if you intend to make premises available to other person or to rent it, a contract should include the lessor’s consent.
- terms and circumstances when parties can notice a contract
NOTE!
Please remember about all elements of a contract. Omitting any of them may result in problems with presumable court disputes. It is worth to properly read a contract layout or ask an expert or professional legal adviser.
Such help can be served by: Welcome Centre (Centrum Powitania) in Warsaw, law institutes at universities, Civic Advising Office in Warsaw and many others. Contact details can be found at section „Offices functioning”
