Renting an Apartment in Poland: Lease, Deposit and Tenant Rights

Types of lease: regular, occasional, institutional

An occasional lease (najem okazjonalny) requires the tenant to make a notarized declaration submitting to enforcement and to state an address they will move to once the agreement ends. It gives the landlord a faster eviction path, but it is fully legal and common. An institutional lease (najem instytucjonalny) is signed by companies, while a regular lease (najem zwykły) requires no notary but is harder to terminate.

For the tenant, the key difference is formalities and protection against eviction. The occasional and institutional leases are governed by the Act on the Protection of Tenants' Rights (ustawa o ochronie praw lokatorów); the cost of the notarial deed for an occasional lease (usually 200–400 PLN) is most often borne by the tenant.

Lease agreement — what it should include

A good lease agreement (umowa najmu) protects both parties and should be made in writing. It must state the parties and the property's address, the duration, the amount of rent and fees, the deposit, the termination rules, and the utility meter readings. Always keep your copy, and sign only a version you understand — ask for a translation if needed.

Check the agreement for: the exact address of the flat, the lease term, the amount of rent and what it covers, utility/meter charges, the deposit and the rules for its return, the termination conditions, and an attached handover protocol (protokół zdawczo-odbiorczy). To sign the agreement itself, an identity document is enough — a PESEL number or Polish credit history are not legally required.

Earnest money (zadatek) vs. advance payment (zaliczka)

An advance payment (zaliczka) is refundable: if the deal falls through, it is returned in full. Earnest money (zadatek) is stronger — if the tenant withdraws, it is forfeited; if the landlord withdraws, they must return double the amount (Article 394 of the Civil Code). When reserving a flat, make sure which form you are signing, and pay by bank transfer with a description.

Terminating the lease agreement

An agreement for an indefinite period can be terminated (wypowiedzenie) subject to a notice period; a fixed-term agreement can only be terminated in cases specified in the agreement or by law. Submit the termination notice in writing, with confirmation of delivery. The notice periods and grounds available to the landlord are protected by the Act on the Protection of Tenants' Rights — they cannot be arbitrarily shortened to the tenant's detriment.

Before terminating, check the type of agreement and its provisions, establish the grounds and notice period, submit the termination notice in writing, and finally arrange the handover protocol and the deposit refund.

Handover protocol (protokół zdawczo-odbiorczy)

The handover protocol is an attachment to the lease agreement, drawn up when the flat is handed over and when it is returned. Record the meter readings, the equipment, and any existing defects, and attach photos and both parties' signatures. A signed protocol is your insurance policy for getting the deposit back — without it, it is hard to prove that a defect existed before you moved in.

1. 1Record the meter readings: electricity, gas, water (with the date).
2. 2Count and take receipt of all sets of keys.
3. 3Describe the condition of the walls, floors, and equipment (appliances, furniture), noting any defects.
4. 4Take photos of all rooms and any damage.
5. 5Sign the protocol in two copies — one for each party.

Rental tax

The tax on private rental income is settled by the landlord — since 2023, private rental income has been taxed as a flat-rate tax (ryczałt) on revenue. This affects the tenant only indirectly: that's why listings distinguish between "from the owner" and "agency," which affects the price. The tenant does not pay this tax unless the agreement explicitly states otherwise.

This is mainly a landlord's topic; the tenant just needs to know that the cost of the tax is often already included in the rent.

Deposit (kaucja) and its return

The deposit (kaucja) secures against potential damage and arrears; it is usually 1–2 months' rent (for an occasional lease, the law allows up to six times the rent). The landlord returns it after the lease ends, minus documented costs. The basis for the settlement is the handover protocol — which is why it is worth drawing it up with photos. Pay the deposit by bank transfer with the description "kaucja."

It's a good idea to state the deposit refund deadline explicitly in the agreement, to avoid a dispute when moving out.

Registration (meldunek) when renting

If you live in Poland for longer than 30 days, you are required to register your temporary residence (meldunekmeldunek — residence registrationRegistering your address with the authorities; owners often agree to it at the tenant's request.) — you can do this at the local municipal office (urząd gminy) or online via the Trusted Profile (profil zaufany); a lease agreement is needed. The registration is an administrative act: it does not transfer any rights to the property, so the landlord cannot "forbid" it. It comes in useful for a PESEL number, at government offices, at school, or at a clinic.