Renting an apartment as a foreigner: what to watch for
The costliest renting mistakes don't happen at move-in, they happen at move-out, and all of them are preventable from the start.
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Renting an apartment as a foreigner in Poland follows the same rules as for a Polish citizen: for a standard lease, the deposit cannot exceed twelve months' rent (occasional lease has a lower limit), and unless the contract says otherwise, the landlord must return it within a month of the tenant vacating the unit. Three things protect that money: a written contract, a handover report, and clear deposit settlement rules.
Renting an apartment as a foreigner: a written contract, always
A verbal agreement is legally valid, but in a dispute it proves nothing. A written contract should include: the parties, the unit's address, the lease term, the rent amount, rules for settling utilities, the deposit amount, and the notice period.
Check whether the person signing the contract actually has a right to the unit. Subletting without the owner's consent means the contract does not protect the tenant against the actual owner of the apartment.
How much is the deposit and when does it come back
The security deposit for a standard lease cannot exceed twelve times the monthly rent in effect on the day the contract is signed (Article 6 of the Act on the Protection of Tenants' Rights). It secures overdue rent and damage beyond normal wear and tear. It does not cover the last month's rent unless the parties explicitly agreed to that. An occasional lease is recognizable by the requirement of a notarial deed with submission to enforcement and designation of another unit the tenant will move to; its deposit limit is lower than for a standard lease.
If the contract says nothing else, the deposit must be returned within a month of the unit being vacated, after deducting what is owed to the landlord. The amount returned is adjusted: it is calculated using the rent in effect on the day of return and the same multiple applied when the deposit was collected, but it cannot be lower than the amount originally paid.
Handover report at move-in
The report is a record of the apartment's condition and furnishings on the day of handover, including meter readings, signed by both parties. Add dated photos to it.
Photograph anything that is already damaged and attach the photos to the report when you sign it. Without this, it's hard to prove at move-out that a scratch, a stain or a crack was there before.
Registration: the tenant's obligation, not the owner's consent
A foreigner from outside the EU/EEA/Switzerland whose stay in Poland exceeds 30 days must report a temporary stay no later than the 4th day after arrival, at the municipal office (gmina) responsible for the place of stay. The report requires: a valid travel document, a visa or other document authorizing the stay, the registration form, and a document confirming a legal title to the unit, e.g. a lease agreement. The owner or another person with a legal title to the unit must also sign the form. The owner's signature on the form confirms the legal title to the unit, not consent to registration, so agree in advance, when signing the lease, on who will sign this form.
The registered address can also serve as the address for official correspondence; this is covered in the article on registration and residential address.
When the employer arranges the housing
For some job offers, the employer arranges the housing, and it isn't then a standard private lease. You can read more about this kind of accommodation in the article on employee accommodation.
Termination and moving out
A fixed-term contract can be hard to end early if it does not provide for termination, and the end of a job doesn't always match the end of the lease. Check this clause before signing, not the week you move.
When moving out, do a handover report again, with meter readings and photos: this is what determines the deposit refund. Current listings are in job offers, and we confirm the terms of a specific offer before the contract is signed.
Frequently asked questions
What is the maximum deposit for renting an apartment?
For a standard lease, the deposit cannot exceed twelve times the monthly rent in effect on the day the contract is signed. Occasional and institutional leases have separate, lower limits.
When must the landlord return the deposit after move-out?
Within a month of the unit being vacated, unless the contract sets another deadline, after deducting arrears and damage beyond normal wear and tear.
Can the landlord keep the entire deposit?
Only for overdue rent and damage exceeding normal wear and tear, documented in the report. Without grounds in the form of a difference between the move-in and move-out reports, withholding the deposit can be challenged.
Does a lease need to be in writing to be valid?
A verbal agreement is legally valid, but in a dispute its terms cannot be proven, so a written form is in practice the tenant's only protection.
What is needed to register a foreigner renting an apartment?
A valid travel document, a visa or other document authorizing the stay, the registration form, and a document confirming a legal title to the unit, e.g. a lease agreement. The owner or another person with a legal title to the unit must also sign the form.
This text describes the general rules. What you are entitled to depends on your type of contract: an employment contract (umowa o pracę) or a contract of mandate (umowa zlecenie). Your own contract and payslip are what count.
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