Electronic lease agreement: when an online signature is valid
An electronic lease agreement is valid. You can sign a standard flat lease without meeting the tenant, and the law doesn’t require it to be on paper. How easily you can defend the agreement in a dispute is another matter. That depends on the type of signature. Occasional leases (najem okazjonalny) also have their own form requirements. Are you renting to someone from another city and worried that a lease signed remotely won’t hold up in the first dispute? Then separate two questions. The first is validity: was the agreement actually concluded? The second is evidence: can you prove what it says and who signed it? One more thing. A lease for longer than one year should be in written form. If it isn’t, it’s still valid, but it’s treated as concluded for an indefinite period.
Written form vs electronic form: what the Civil Code says
Under the Polish Civil Code, electronic form is equivalent to written form if the declaration carries a qualified electronic signature. That’s what Article 781 of the Civil Code says. A qualified electronic signature is made with a certificate from a qualified trust service provider, which verifies the signer’s identity first. So a lease signed this way meets the written form requirement exactly like one signed with a pen. There’s just one catch. Both parties must sign the same file. A printout or a scan of that file? That’s no longer an electronic document within the meaning of the provision.
Scan, email, trusted signature, qualified signature: what each one is good for
You can conclude a standard lease with any of these methods. But only a qualified signature gives you the form the Civil Code names directly. The others differ in how strong they are as evidence, sometimes a lot.
| Signature type | What it looks like | Legal status | Risk in a dispute |
|---|---|---|---|
| Scan of a hand-signed agreement | A photo or PDF of a paper document | A copy; the original stays with one party | Medium: a scan is evidence, but the other party can question whether it matches the original |
| Acceptance by email | A message saying “I accept the terms”, with the content in the email or an attachment | The agreement may be concluded; evidence in documentary form | High: it’s harder to prove who actually sent the message |
| Trusted or personal signature | A signature made through the Trusted Profile (profil zaufany) or an e-ID card | An electronic signature described by the public administration | Depends on the case; if in doubt, consult a lawyer |
| Qualified electronic signature | A signature with a qualified certificate applied to the file | Electronic form equivalent to written form | Lowest: the signer’s identity is verified |
Is a scanned lease valid? As evidence, yes. But the original should go to both parties, or you should replace it right away with an electronically signed file. And a lease agreed by email? It can be binding, sure. In a dispute, though, it’s the weakest link.
Trusted signature and a lease: what to know before you choose
The trusted signature (podpis zaufany) costs nothing, and anyone who has set up a Trusted Profile has one. For agreements between private individuals, though, I’d still check with a lawyer. The government website explains how to sign a document electronically via gov.pl: with a trusted signature through the Trusted Profile, or with an e-ID card (an ID card with an electronic layer, used to make a personal signature). In practice, two things matter. Does the tenant have such a signature at all? And will you both sign one file, not two separate copies? Need solid evidential value? Ask a lawyer whether this is enough in your situation.
Form of an occasional lease: not everything can be done remotely
Here things are simple, if less convenient. An occasional lease requires written form, or it’s void, and the tenant’s declaration of submission to enforcement must be made as a notarial deed. No online signature replaces a visit to the notary. That’s what the Tenants’ Rights Protection Act says. You can easily sign the agreement itself with a qualified electronic signature, since it meets the written form requirement. The attachments required by the Act, including the address of the property the tenant will move to and its owner’s consent, you collect separately. And the good news: a tenant from another city can make the declaration of submission to enforcement at any notary near them.
How to sign a lease remotely, step by step
It comes down to three things: one agreed file, checking who the tenant is, and both parties signing the same document.
- Agree on the final wording in one PDF file, with no parallel versions.
- Verify the tenant’s identity, e.g. on a video call with their ID in hand.
- Choose the type of signature that fits the type of lease.
- Sign the same file: first one party, then the other.
- Keep the signed file and all correspondence from the negotiations.
- When handing over the keys, draw up a handover report.
The handover report and photos of the property are evidence that doesn’t depend on the signature. When settling the deposit, they often matter more than the agreement itself (anyone who has argued over a scratched parquet floor knows this). A well-organised digital rental document workflow means none of it gets lost somewhere in your inbox.
Where to keep signed leases and annexes
A signed file is only worth something if you can find it quickly, in its original form, together with annexes and reports. Keep a file with a qualified signature exactly as you received it. A printout loses the features of an electronic document. Tenanto lets you mark the lease signing status, keep documents with a specific property and get a reminder that a lease is ending. Have several flats? Then it’s worth knowing when Excel stops being enough. An electronic lease agreement will hold up in a dispute when the signature type fits the type of lease, and when you handle exceptions like the occasional lease in the form the law requires.
Frequently asked questions
It can be, if the parties agreed on the essential terms and both accepted them. The trouble starts in a dispute. It’s then harder to prove what the agreement says and who really sent the message. It’s safer to sign the same file with a qualified electronic signature.
A scan is a copy. It can serve as evidence, but it won’t replace the original. Make sure each party has a paper copy with handwritten signatures, or sign the same file electronically from the start.
Not entirely. You can sign the agreement itself with a qualified signature, but the tenant’s declaration of submission to enforcement requires a notarial deed. In unusual situations, e.g. when the tenant is abroad, check the details with a lawyer.
