Renting an Apartment to a Foreigner: Contract, Documents, Registration
Renting an apartment to a foreigner is governed by the same rules as any other tenancy. Really, there is no separate act. Only a few things in the contract change: the language, the tenant’s details, contact and service of notices, and who formally rents the property. Below I go through how to write each of them so the contract still works if the tenant leaves Poland.
Renting an apartment to a foreigner: what is different in the contract?
The details change, the rules stay the same. Rent, deposit, obligations of the parties, notice - all just like with any other tenant. And a word of caution: do not add terms that depend on nationality. Rights and obligations must be the same for everyone, period. What you do need to spell out are four things:
- the language versions and which one prevails,
- identification of the tenant based on their document,
- an address for service that still works after the tenant leaves,
- the party to the contract when an employer is looking for the apartment.
Planning a longer tenancy? Check what an occasional lease offers. This form makes it easier to recover the property once the contract ends, and with a tenant who might disappear abroad, that is a big plus.
A lease in two languages: which version prevails?
The best option is a bilingual contract in two columns that states outright which version prevails if the translations differ. The second language? One the tenant actually understands. Not always English. A worker from Ukraine, the Philippines or Colombia may be more comfortable reading Ukrainian, English or Spanish (and it is better to ask than to guess). The attachments must be understandable too: the handover report, the building rules, the rules for settling utilities. After all, what good is a translated contract if the building rules are posted only in Polish? Add two clauses to the contract: one on the prevailing version and one on the governing law, usually Polish. And if you are trying out unusual terms, such as extra fees or special notice conditions, show the draft to a lawyer. It is not worth the risk.
What details of a foreign tenant go into the contract?
Those that identify the tenant unambiguously, copied exactly as they appear in their identity document. Usually this is enough:
- first name and surname spelled as in the passport or residence card, without Polonizing them,
- the type and number of the identity document,
- citizenship, but only if it is needed for identification,
- the PESEL number, if the tenant has one,
- the address abroad and the address in Poland.
Data minimization applies. You collect only what you need to conclude and perform the contract. Nothing more. Before the meeting, check what tenant data you may collect. And two things that, in my view, most often backfire on landlords: do not copy documents “just in case”, and do not put clauses in the contract suggesting that you check whether the tenant’s stay is legal. That is not your job.
Contact and service of notices when the tenant leaves Poland
The address for service and the contact details must keep working after the tenant leaves Poland. Enter a correspondence address in Poland and abroad, an email and a phone number. Add an obligation to report a change to any of them within a set deadline. You can also provide for an agent for service in Poland, for example a friend or the tenant’s employer. Why? So that a notice of termination or a demand does not end up in a void. When a tenant moves out, the dispute is most often about the deposit, so the contract should include a bank account number for its return and the rules for settling it. A detailed handover report, signed when the keys are handed over and when they are returned, helps a lot.
Renting to a foreign worker: the company or the employee as the party?
When an employer is looking for an apartment, first establish who the tenant is: the company or the employee. This decides who pays the rent and who is liable for damage. Is the company the tenant? Then the contract should include a list of people allowed to live there, rules for changing occupants and rules for subletting. Is the employee the tenant? The company can help find the property, but the party to the contract and the debtor is the person who lives there. Oh, and one more thing, in both cases. The end of employment does not terminate the lease. So set the term and notice conditions separately, independently of the employment contract. With frequent changes of occupants, Tenanto comes in handy: it reminds you when a contract is about to end and keeps annexes and handover reports in one place.
Address registration of a foreigner in a rented apartment
The person who lives in the property must register there, as follows from the consolidated text of the Act on Population Records. That means the foreigner, not the owner of the apartment. Your role usually ends with providing the lease, which confirms the legal title to the property. That’s it. The tenant should ask about forms, deadlines and documents at the municipal office for the apartment’s address.
Checklist before signing a contract with a foreigner
Before anyone signs, go through these one by one:
- A bilingual version stating which version prevails.
- Tenant details copied exactly from the identity document.
- An address for service in Poland and abroad, plus an obligation to report changes.
- The party to the contract and, for a company lease, a list of occupants.
- Deposit rules, including the bank account number for its return.
- A handover report in a language the tenant understands.
All in all, a well-prepared rental to a foreigner differs from a regular one mainly in the precision of its terms. Especially when it comes to language, personal data and service of notices. If you also want to put your other contracts and documents in order, take a look at our tips for apartment owners.
Frequently asked questions
For a regular lease, usually not. A bilingual version with a prevailing-version clause is enough. A sworn translation may be needed when the document is going to a public office or a court. Not sure if that is your case? Ask a lawyer or the institution that will receive the document.
Yes. A company can be the tenant, and its employees can live in the property. Put a list of people allowed to live there and the rules for changing them in the contract. That way you know who lives in the property and who is responsible for payments.
Only the data you need to settle the deposit and any claims. Delete the rest. The rules are the same as for any tenant, regardless of citizenship. You will find more answers in the section questions about tenant data.
