Residential Real Estate Lease

Renting an apartment without the consent of a co-owner or spouse

Renting out a flat may seem like a straightforward process, however, in cases of co-ownership, including the specific type which is marital co-ownership, many legal issues arise that must be taken into consideration. In the following article, we explain when a flat or other premises can be rented out without the co-owner's consent. First, we describe issues related to the lack of a spouse's consent. Further on...

Renting an apartment without the consent of a co-owner or spouse Read More »

Legal services for companies

Criminal liability for non-payment of rent. A precedent-setting court judgment in Warsaw!

Renting a flat is a common way of meeting housing needs, based on mutual trust and the equivalence of services. The situation becomes drastically complicated when the tenant stops paying, and the civil law route (lawsuit and enforcement) proves long and ineffective. However, criminal law comes to the rescue. A recent ruling by the District Court for Śródmieście in Warsaw shows that a tenant who intentionally fails to pay can be convicted of...

Criminal liability for non-payment of rent. A precedent-setting court judgment in Warsaw! Read More »

How to hire a lawyer to prepare a lease agreement?

Renting an apartment or commercial property might seem like a simple task, but for its legal effectiveness, it requires a legally binding, reliable rental agreement. Often, templates downloaded from the internet hide pitfalls or even invalid clauses. We present a short guide on why and how to prepare to create a professional agreement with the help of a lawyer. 💡 Key takeaways Even half of the provisions contained in…

How to hire a lawyer to prepare a lease agreement? Read More »

How to write a notice of termination?

It's hard to find a person who hasn't dealt with a contract at all in their life. We commonly conclude contracts such as: employment contracts, loan contracts, contracts for the purchase of a house/apartment or a car, apartment or house rental contracts, contracts for the provision of telecommunications services, construction works, contracts for specific work or commission. Therefore, it seems that the concept of a contract has already become firmly established in our consciousness. However, one may wonder whether there is an equal awareness of the consequences arising from such an agreement. Unfortunately, still few people know how to influence its content (even before its conclusion) and protect their own interests as effectively as possible.

signing the contract

Contractual penalty for failure to pay rent under the lease agreement?

Many landlords believe that simply including a hefty "contractual penalty" for each day of rent arrears in the agreement is sufficient to protect themselves against an unreliable tenant. Meanwhile, in civil law, the rules for applying contractual penalties are based on the nature of the performance (monetary or non-monetary). Therefore, can a contractual penalty be effectively stipulated in the case of non-payment of monetary rent? 💡 …

Contractual penalty for failure to pay rent under the lease agreement? Read More »

Apartment

Lease of a residential premises and coronavirus – how to terminate a lease agreement?

The current epidemiological situation is giving rise to thousands of questions about the possibility of modifying, temporarily reducing costs, or even immediately terminating ongoing legal relationships between citizens. Many people have left rented flats overnight due to remote learning or work. In the eyes of the law and firm contracts, however, this does not mean that rent can stop being paid. Find out the most important...

Lease of a residential premises and coronavirus – how to terminate a lease agreement? Read More »