Tenant rights and rental liability explained in Poland

Legal experts are highlighting critical aspects of rental agreements and liability in Poland to protect tenants from unfair practices and misunderstandings regarding property damage.

Regarding rental contracts, experts from the Morizon-Gratka Group warn that certain clauses may be legally invalid if they violate the Civil Code or the Act on the Protection of Tenants' Rights. Such abusive provisions often attempt to limit a landlord's responsibility or diminish tenant rights. For instance, security deposits cannot be non-refundable; landlords are legally required to return them within one month of the premises being vacated. Additionally, deposit amounts are capped at twelve times the monthly rent, or six times for occasional leases.

In cases of water damage, liability is determined by fault rather than property ownership. Under the Civil Code, a tenant may be held responsible for damages caused by negligence, such as leaving a tap running, overflowing a bathtub, or improper appliance installation. Conversely, landlords may be liable for faulty installations within the unit, and housing communities are responsible for issues involving common vertical pipes. Simply living in a unit above a leak does not automatically assign blame to the resident.