Renting a flat or commercial property might seem like a simple task, but for it to be legally effective, a legally binding and robust rental agreement must be drawn up. Often, templates downloaded from the internet conceal 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 free lease agreement templates available online may be invalid or legally ineffective.
- A professionally prepared rental agreement is a tailor-made document, protecting the client from lengthy, costly disputes and eviction problems.
- Before commissioning a service, it is worth gathering the necessary information (party details, rates, utility billing rules) and providing the lawyer with any previous versions of contracts.
A good tenancy agreement, properly safeguarding the interests of both the landlord and the tenant, is like a bespoke suit rather than one taken off the rack from the first shop you find.
Property Lease Agreement – How a Solicitor Can Help Protect Your Interests
Finding a lawyer – the key to security
Crafting secure contracts is an art. The right wording ensures clients sleep (a lot) more soundly. The first step in preparing a property lease agreement is identifying the right lawyer for the job. Look for an individual or a law firm that specialises in drafting such agreements and has a documented track record of representing both landlords and tenants (e.g. in court cases concerning payments or evictions).
In practice, free "off-the-shelf" templates downloaded from the internet are largely flawed. Tenancy law in Poland is very strict, and the inclusion of prohibited clauses in a contract simply renders them invalid, leaving the landlord unprotected. For your own safety, you can even hire a suitable lawyer fully online today. (Not to boast – the founder of our Law Firm has been professionally involved with rental agreements for over 14 years).
What information will be needed to prepare the contract?
Before meeting with a solicitor, it is essential to gather information about the rented property. You should prepare:
- Landlord's and tenant's surnames/names and addresses (possibly PESEL/KRS numbers).
- rental period (fixed-term or indefinite?)
- The rent amount and the method of its indexation,
- The amount and rules for deductions from a security deposit,
- details regarding how utilities or other services included in the contract are to be paid.
It is also worth bringing copies of any previous rental agreements if you are continuing the relationship with the same tenant under new terms. This will help the lawyer to shape the draft appropriately.
How to prepare for a meeting (even online)?
To make the most of your consultation with a solicitor, make a list of your concerns and questions beforehand. Jot down the issues that matter most to you (e.g., prohibitions on keeping pets, subletting, or running a business from the premises). Ask your solicitor about clauses relating to tenancy termination and procedures in case of disputes (e.g., rent arrears). A good solicitor will also advise you on when to take a firm stance and when it's worth trying to settle the matter amicably.
The agreement has long-term consequences
Please remember that a rental agreement is a legal document that creates long-term consequences, and once a flawed document is signed, it is difficult to rectify without the other party's consent. Do not rush into signing something you do not fully understand. Seek reliable legal advice before entrusting someone with your multi-hundred-thousand pound asset in the form of real estate.