The owners of the apartments for rent expect the tenant to pay the rent on time, take care of the premises, behave calmly and not cause inconvenience to the neighbors. However, such a model tenant is rare. Therefore, it is worth spending some time on finding an honest tenant, writing a high-quality lease agreement, acceptance-handover protocol. WGN analysts advise landlords on how to approach the topic so that the entire process of renting an apartment is comfortable and as safe as possible. They suggest, among other things, that you should not try to save on the tax on renting an apartment (the only rate is only 8.5%).
What should be especially taken care of when renting an apartment in Poland? This short guide contains the most important rules that you should pay attention to when renting a place to live.
At the beginning, a frank conversation about renting an apartment: clear and transparent expectations
This is the place to start. Ideally, during the first contact with those interested in renting, whether during a telephone conversation or during the presentation of the apartment, it is worth talking honestly about the expectations regarding the rental conditions of both parties. The owner must decide on the amount of the security deposit, the number of people, keeping animals, smoking in the premises, etc.
Talking about money is a test of the trustworthiness of a potential tenant
You should not be afraid of conversations that will allow you to learn about the financial situation of a potential tenant. Who will pay for housing rent, and in the case of first-year students – parents? Does the potential tenant work somewhere permanently? Sometimes such conversations can cause a little resistance – you know, gentlemen don’t talk about money – but businessmen do – and renting an apartment for profit is a kind of business.
The landlord must feel confident that the prospective tenant is reliable and solvent. Therefore, it is worth finding out whether the person to whom we want to entrust our apartment is responsible, reliable, and whether he will properly pay the rent obligations, because he has the funds to do so. Or maybe even the interested person himself wants to contact us with the owner of the previous apartment, who will provide him with references and certify the reliability of cooperation? Checking the reliability of a potential hire is a very important step that should not be missed. Also, cooperation with a good real estate office can support owners in this process. The very fact that the proposal is made by the office usually eliminates potential interested parties who may have dishonest intentions.
Apartment rental agreement in Poland
The apartment rental agreement must be concluded only in writing! It provides security for both parties, formulates clear and transparent rules of cooperation. A written contract, if necessary, has a psychological effect on those who try to avoid responsibility and rent an apartment “on their word”, often feeling impunity or remaining in debt by not paying regularly. In case of problems, it is difficult to defend your rights without a contract.
It is good to draw up a verified apartment rental agreement taking into account your needs. You can entrust this to an experienced real estate agent or law firm. A properly drafted lease agreement protects both parties and greatly contributes to minimizing the risk of the lease and successful cooperation between the parties. It should be remembered that the contract cannot contain prohibited clauses.
Act of acceptance and transfer and photo documentation of a rented apartment in Poland
The act of acceptance and transfer is a very important document – it is signed when the apartment is transferred to the tenant. Contains the description and condition of the apartment, as well as the condition of utility metering devices at the time of handing over the apartment. It is also a good idea at this time to make photo documentation of the premises and equipment with the date of completion, which will be owned by both the tenants and the owner.
You must carefully check and report all damages and losses for which we may subsequently have claims. Damaged tiles, scratched panels, the technical condition of household appliances – all this will someday require repair, defects can progress and should be recorded in the protocol, and each item should be illustrated with a detailed photo.
Memory can be fickle – and to protect both parties, it’s worth taking this step. Remember that at the end of the lease, the owner must return the deposit if the apartment has not suffered any damage other than normal wear and tear. It is then that he likes to fail his memory the most, it is easy for misunderstandings and mistakes. Therefore, both parties should be responsible for ensuring the accuracy of the underlying documentation.
Renting an apartment in Poland and a refundable security deposit
This is a security deposit that is collected from the tenant when the apartment is handed over and deposited into the owner’s account. It is returned in full at the end of the rental period, if the premises are returned undamaged. According to the Civil Code, the owner has 30 days to return it.
The amount of the deposit is determined, as a rule, by one or two months’ rent together with average utilities, sometimes another fixed amount is charged – depending on the standard of the apartment and the equipment. The security deposit cannot exceed 12 times the monthly rent for the premises in accordance with the rent in effect on the date of the contract.
Safe rental of an apartment in Poland, with whom and how to conclude a lease / temporary lease agreement
Recently, more and more often, apartment lease agreements are concluded in the form of an irregular lease agreement, which is an alternative to a regular lease agreement.
Its conclusion is more formalized, since the contract is drawn up in a notary’s office, but it brings certain benefits to the owners of apartments for rent.
In case of problems with an unscrupulous tenant, this form of lease protects the owner, simplifying the procedure for a possible eviction. According to the law, a very simplified procedure applies in this case, without a court proceeding, there is only an executive proceeding. When entering into an indefinite lease agreement, the tenant must specify a replacement premises to which he can be evicted in case of failure to make payments under the lease agreement.
Agreed method of termination and return of the apartment after the end of the lease term in Poland
Such information should be well thought out and included in the lease agreement. Is the rented apartment subject to return after renovation and repainting? How will expenses for possible damages be settled? How long should the notification period last and in what form should the notification be submitted?
Regular monitoring of rent and utility payments in Poland
It is worth regularly checking whether the tenant systematically pays the obligations for the apartment, especially if it is agreed that the tenant pays for utilities and additional payments on his own. It is best if we write a clause in the lease agreement about sending scans of monthly payment confirmations by e-mail. Then we will avoid possible surprises.
Tax on renting an apartment in Poland
Trying to save on rent tax is not worth it. For example, the single rate is 8.5%. As a rule, these are not large amounts – and we will avoid problems, even in the event of a possible misunderstanding with the tenant, you can react effectively without fear of being blackmailed by a conflicted tenant who tries to use the fact of not paying tax as a catch on the owner.
It is important that the lease agreement and additional payments are properly structured. If the tenant is obliged to pay utilities and rent to the administration, these amounts should be separated from the rent, which is the income of the owner and from which tax is calculated.
WGN’s experience shows that the more an apartment owner takes care of the security aspects of the rental in advance, the fewer places there are that can create potential misunderstandings between the tenant and the owner of the rental apartment. Of course, it is impossible to predict everything, but you can minimize the risk and protect yourself from most cases, because, as you know, the smart is always insured.