mObywatel and a lease agreement: how to confirm a tenant’s identity
The mObywatel document at lease signing confirms a tenant’s identity in the same way as a plastic ID card, apart from the exceptions listed in the act. So if in April 2024 a tenant pulls out a phone with the app instead of a card, you can sign the lease with her without worry. You only need to know three things: which details to copy, what not to keep, and when to ask for a traditional document after all.
Is the mObywatel document enough for a landlord instead of an ID card?
Yes. The mObywatel document states the identity and citizenship of its user, and this follows directly from Article 2(8) of the Polish mObywatel app act, in force since July 2023. Article 7(4) adds that the obligation to establish identity on the basis of an ID card is considered met when the other party shows this digital document. So the owner of the flat does not need to look for any extra legal basis. It is in the act, and that is it.
One more note on names, because people still say “mDowód” in conversation. That was the name of an earlier version of the service, which only mirrored the data from the ID card. The current mObywatel document is something else: a separate document with its own series and number. That is why the question “mDowód and a lease agreement” is really about this document today. Oh, and the solution covers Polish citizens, while a foreigner shows a passport or another identity document.
mObywatel and a lease agreement: which tenant details to copy
The lease gets only what is needed to identify the party and to pursue claims if it comes to that. Nothing more. You copy the details from the screen with the tenant present and compare the photo straight away with the person sitting across from you. In practice, the tenant details in the lease are:
- first name and surname,
- PESEL number,
- series and number of the document shown,
- address for service,
- contact details - phone and e-mail.
I recommend adding a note that identity was established on the basis of the mObywatel document shown in the app. Why? Because the series and number differ from those on the plastic card, and a note like this removes doubts later. Earnings, family status or place of work are a separate topic (with separate limits), covered in the post on GDPR-compliant tenant screening.
What not to copy: screenshots and photos of the document
No screenshots, photos or any other copies of the document. The details written into the lease are enough to conclude it. This is the ordinary data minimisation principle known from the GDPR: you collect only what is necessary for a specific purpose. And an image of the document contains more than you need, including the person’s likeness.
On top of that, a file like this is mainly a burden for the owner. You are the one responsible for securing it, and a photo forgotten in a phone gallery or in a mailbox leaks easily. The proof that the lease was concluded is still the signed agreement and the handover report. Not a copy of someone else’s document.
Verifying a tenant’s identity step by step at signing
You check before the signatures go on paper. It does not make the meeting longer, you just need to stick to a fixed order:
- Ask the tenant to open the document in the app, on their own phone.
- Compare the photo with the person you are talking to.
- Copy the details into the lease, including the series and number.
- Read them out loud so the tenant can confirm they are correct.
- Sign every copy together.
The app also has a feature for checking another person’s document. You can use it if you use the app yourself. Concluding a lease remotely is a different story, when the parties are not in the same room and the phone cannot be viewed live. In that case the way of identifying the tenant depends on the chosen form of signature, and this is explained in the post on how an electronic lease agreement works.
When should you ask for the plastic ID card?
When the document on the phone does not give the necessary level of certainty about identity. This exception is provided for in Article 7(5) of the act. Day to day, it comes down to a few recurring situations: the photo raises doubts, the tenant shows a screenshot instead of a working app, or sends an image through a messaging app and does not intend to come in person. In each of these cases, asking for the card or a passport is justified.
A separate matter is the occasional lease (najem okazjonalny), which requires a visit to a notary. It is the notary who decides which document will be accepted when the deed is drawn up, so it is best to ask at the notary’s office before the appointment. And what if the situation is unusual, for example the data in the app does not match what the tenant says? Consult a lawyer about it.
Where to keep the lease and tenant data after signing
The lease and its attachments are kept in one place, accessible only to the people who really need to see them. A paper copy in a drawer and a scan e-mailed to the whole family are the two most common sources of mess. In Tenanto, the lease and the tenant’s other documents are attached to a specific unit, and their visibility depends on the user’s role. How to organise this is shown in the post on how to keep documents in a tenant file.
Is mObywatel enough to sign a lease agreement? Yes, as long as you meet three conditions. You view the document in person in a working app, you copy only the details you need, and you do not make any copies. Used this way, mObywatel at lease signing protects the landlord just as well as a plastic ID card.
Frequently asked questions
The form of the document alone is no reason to refuse, because the act puts it on a par with an ID card for establishing identity. A refusal or a request for another document is justified when the screen you are shown does not make it certain who the person is. Especially with a screenshot or a photo that clearly does not match the tenant.
No. The copied details are enough for the lease, and a photo of the screen records more information than you need. You would then have to protect that file. And you would be responsible if it were ever disclosed.
A foreigner shows a passport or another identity document. The mObywatel document states identity and Polish citizenship, so it is intended for Polish citizens. In the lease you record the type and number of what you actually saw.
