Published April 3, 2024 | Version v1
Journal article Open

The Polish real estate leases in legal and practical terms

  • 1. student - University of Rzeszow - Institute of Legal Studies - Student's Research Group "Eco-Building" Faculty of Civil Engineering at Czestochowa University of Technology
  • 2. Czestochowa University of Technology, Faculty of Civil Engineering, ul. Akademicka 3, 42-218 Częstochowa, Poland,

Description

The article analyzes the issue of the risk of entering into a lease agreement as a phenomenon that deters Landlords from renting renting out  apartments. The reasons for the aforementioned phenomenon are presented, as well as statistics on the current share of the so-called vacancy rate in the Polish real estate market are cited. Juxtaposed are the rights of the Tenant and the Landlord, among others, based on the provisions of the Act of June 21st, 2001 Tenants Rights, Municipal Housing Stock and the Civil Code Amendment Act (Journal of Laws 2022.1360 of 2022.06.29). A survey was conducted to provide information on how potential Landlords perceive the various issues relating to entering into a lease agreement. The occasional lease agreement as a kind of remedy is discussed, and the risks associated with entering into a lease agreement are analyzed. An attempt was made to answer the question: should the Tenant really be equated with the weaker party to the lease agreement?

Keywords: building law, rent, let, lease, Tenants’ rights

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