Renting a flat by a foreigner

Prospects for work or study and wartime migration mean that more and more people from abroad are choosing to live in Poland. The Pomeranian Voivodeship is one of the regions with the greatest interest among migrants. Finding suitable accommodation is a prerequisite for starting life in a new environment. What criteria must a foreigner fulfil to rent a flat? 

Almost 1.2 foreigners are already registered for pension insurance nationwide, of which more than 64 thousand are employed in the Pomeranian market (data from the end of June 2022). The largest group are Ukrainians, followed by Belarusians, Germans, Russians, Vietnamese, Indians, Italians, Georgians, Chinese and citizens of the United Kingdom.

Migrants choose large cities with well-developed infrastructure and workplaces, where headquarters of international corporations and academic centres are located. Pomerania and the Tricity agglomeration are in line with these expectations.

Renting a flat: privately or from a company?

Foreigners are looking for flats for rent, they are a growing group of customers both in the private market and in the institutional rental segment (PRS – Private Rented Sector). In contrast to Western European countries, in Poland the private rental market prevails, where the owner has a dominant position. Rental organised by specialised companies is currently undergoing dynamic development, and such offers can already be found in the Tricity.

When renting a flat, Polish law does not differentiate between Polish citizens and foreigners in terms of requirements. Interested parties sign an ordinary tenancy agreement or an occasional tenancy agreement. The latter form requires a visit to a notary, better protects the interests of the landlord and is already widely practised, especially in large cities. The occasional tenancy agreement is concluded for a fixed period only. It contains notarised declarations by the tenant and the owner of the property to which the tenant will be able to move, in the case of being unable to pay the rent. It is still a prerequisite that the potential tenant is present in Poland already at the stage of looking for a property. Many landlords from the private market still exclude remote contact and presentation of the property. The opposite is the case with institutional tenancies, where it is practised to complete all paperwork over the Internet and by telephone.

Important clauses in a lease agreement with a foreigner

A lease agreement with a foreigner is drawn up in two languages: Polish and English. It is recommended that the acceptance protocol is also drawn up in two languages. The landlord should verify the documents confirming that the tenant is legally staying in Poland (a visa in the passport or a residence card  in the case of persons from outside the EU). The agreement should not be concluded for a period longer than the term of validity of the documents legalizing the foreigner’s stay in Poland. The landlord may also ask to see a certificate of employment and income. The contract should contain information about its duration and terms of termination. The landlord may also include provisions in the contract that will eliminate the risk of possible misunderstandings. Among these, it is important to stipulate the maximum number of persons who may live in the rented premises, the rules of rent and billing of utilities. The agreement should also include a detailed description of the technical condition and furnishings of the flat – preferably in the form of a handover report. It is important to state in the lease agreement that it is governed by Polish law.

 

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