REALWorld Law

Residential leases

Tenants’ right to terminate

Can the tenant’s right to terminate the lease be restricted?

Poland

Poland

Generally, if the duration of the lease is specified the tenant may terminate the lease in the cases specified in the agreement or in law.

If the period of the lease is not fixed the tenant may terminate the lease in accordance with contractual notice periods or in accordance with statutory notice periods (whereas the contractual term may not be less beneficial to the residents that the statutory once).

The statutory notice periods are as follows: if the rent is payable at less frequency than one month, the lease may be terminated no later than three months in advance at the end of a relevant calendar quarter; if the rent is payable monthly, one month in advance at the end of a relevant calendar month; if the rent is payable at shorter periods, three days in advance; if the rent is payable daily, one day in advance.

The tenant can terminate the lease agreement in the following cases:

  • If the premises had defects that make it impossible to use them at the time of handover to the tenant or if such defects arose later and the landlord did not remove them within a reasonable time despite receiving a notice or if such defects cannot be removed (possible termination without observing notice periods).
  • In case of the tenant's death, the following persons join the tenancy agreement: the spouse who is not the tenant, the tenant's children and his/her spouse, other persons to whom the tenant was obliged to provide maintenance benefits, and the person who actually lived in common with the tenant. Those persons who have entered into a premises lease agreement of may terminate it in accordance with statutory notice periods even if the lease agreement was concluded for a definite period of time.
  • If the defects in the rented premises are such that they threaten the health of the tenant or his household members or employees (possible termination without observing notice periods).