TERMINATION OF THE LEASE – IN THE CASE OF AN OPEN-ENDED AGREEMENT ( umowa na czas nieokreślony)
Termination of such an agreement is not a problem for either party – if the document contains information about the circumstances and terms of termination . And in the absence of such a record-parties are obliged to comply with the law on the protection of tenants’ rights. It is worth knowing that there is freedom in determining the terms of termination prescribed in the contract.
In the case where the lease agreement specifies the notice period – the tenant acts in accordance with the terms established with the landlord.
If the contract does not contain information about the termination of the contract, the tenant applies the provisions of the Civil Code, namely Art.688. The provision states that if the rent is paid monthly – and this has been decided upon in the lease of a residential property – termination of the lease can take place no later than three months in advance at the end of the calendar month.
TERMINATION OF A RENTAL AGREEMENT FOR A DETERMINABLE TERM (umowa na czas określony)
The only way to terminate such a contract is to terminate it with the consent of both parties, or to terminate it immediately, provided that you do not comply with the rules set out in the Charter for the protection of tenants’ rights.
IMMEDIATE TERMINATION OF THE LEASE
The Civil Code also provides for the possibility for the tenant to terminate the agreement immediately, without saving the term of the condition. However, for this to be possible, there must be specific prerequisites. Namely:
Article 664 of the Civil Code states that if a defect existed at the time the premises were given, preventing the use of the premises in accordance with the contract, or such defect arose later, and the landlord, notwithstanding that the tenant notified him of it, has not removed it within a proper period of time, the lease may be terminated immediately;
Article 682 of the Civil Code states that the basis for termination of the contract is also defects in the premises that threaten the health or life of the tenant, even if he knew about them at the time of the contract. An example of such a situation is dampness or rotting of the premises. Even though the tenant is aware of the defect, he decides to rent the premises – but at any time he has the right to terminate the contract immediately.
Keep in mind that many faults in the apartment can lead to restricted use, which leads to the fact that you have no right to terminate the contract, and can only demand a reduction in the rent until they are corrected.
CUTTING A RENT AGREEMENT (porozumienie stronie)
It is always possible for both parties to terminate the contract amicably. In this case, the notice period is determined by the tenant and the landlord individually.
