Renting Out a Parking Space: Separate Agreement or Lease Clause
You can rent out a parking space in two ways: with a separate agreement or with a clause in the apartment lease. A separate agreement gives you flexibility, because the space can go to someone other than your tenant. A clause in the apartment lease means less paperwork, but the two rentals are then tied together. A typical case? The new tenant of the apartment has no car, and a neighbor from the building asks whether the space in the underground garage is free. Below you will find the legal basis, a table comparing both options, a list of things to check before you rent out the space and answers to the most common questions.
What legal rules apply to renting out a parking space?
Renting out a parking space falls under the general lease provisions of the Polish Civil Code, that is Article 659 onwards. You can find them in the consolidated text of the Civil Code. The rule is simple: the landlord hands over the item for use, and the tenant pays rent. That’s it. The rules protecting apartment tenants do not cover a parking space on its own. In practice, the agreement sets the notice periods and termination terms, and the Civil Code rules only step in when the agreement says nothing about them. In borderline cases (a dispute with the homeowners’ association, an unusual form of ownership), I think it’s better to have a lawyer review the agreement than to end up in court later.
A separate garage rental agreement: when it works
A separate agreement wins when the apartment and the space may have different tenants or different terms. That is exactly the neighbor scenario. Your tenant doesn’t need the space, so you give it to someone in the building who will actually use it. Each agreement then lives its own life. You terminate them independently, and you set and raise the rent for the parking space without touching the terms of the apartment lease. Rooms work in a similar way: whether separate contracts or one agreement for all rooms is better depends mainly on whether tenants will change separately. Oh, and with several documents for one property, things get messy fast. In Tenanto you attach agreements and annexes to a specific property and keep them all in one place.
A parking space in the apartment lease: pros and risks
One document, one rent. Sounds convenient. But the space then shares the fate of the whole apartment lease: when the apartment lease ends, so does the right to the space. And it works both ways. Terminating just the space without the apartment tenant’s consent can be difficult, depending on how the agreement was worded. That’s why I recommend listing the amount for the apartment and the amount for the space separately in the agreement. It makes any later change or talk about rates easier, and a solid apartment rent valuation can be your starting point. Want to add the space to an agreement that is already running? An annex when you extend the lease is usually enough.
Separate agreement or lease clause: comparison table
In short: a separate agreement wins on flexibility, a clause in the apartment lease wins on simplicity. Details in the table.
| Criterion | Separate agreement | Clause in the apartment lease |
|---|---|---|
| Who can be the tenant | Anyone, including a neighbor | Only the apartment tenant |
| Termination | Independent of the apartment lease | Usually together with the apartment, separately only if the agreement allows it |
| Changing the terms | No effect on the apartment lease | Requires an annex to the whole agreement |
| Number of documents | Two | One |
| Link to the apartment lease | None | Full |
| Flexibility when the tenant changes | High | Low |
A tenant without a car and a keen neighbor next door? Here a separate agreement usually works better.
What to check before you rent out a space in an underground garage
Start with what exactly you own and what rules apply in the garage. That decides who you can hand the space over to and on what terms.
- Form of ownership. A space in an underground garage is sometimes a share in the co-ownership of a garage unit with an agreed division of use, and sometimes a separate property. Your notarial deed tells you which applies to you.
- Garage rules and homeowners’ association resolutions. Do they allow you to let the space to third parties? Do you need to notify the property manager? Better to know before you sign the agreement, not after.
- Remotes, keys, access cards. A handover and return report with the number of items and the card numbers. Boring, but it saves nerves when they come back.
- Description of the space in the agreement. Space number, garage level, rules of use, for example a ban on storing items.
- End date of the agreement. With several agreements it’s easy to miss a date, so Tenanto can remind you about an expiring agreement.
Which option to choose in your situation
Your tenant uses public transport and a neighbor is looking for a space? Then a separate agreement for the space is usually the best fit. You get independent terms and can change the tenant of the space without touching the apartment lease. A clause in the apartment lease makes sense when the tenant parks in that space and both rentals should end on the same day. Whichever option you pick, describe the parking space rental precisely: space number, rent, how to terminate, return of the remotes. This is no place to save on sentences.
Frequently asked questions
Yes, if the apartment lease does not include the space or the tenant agrees to give it up. In the second case, confirm the change in writing. And check the garage rules before you sign anything.
The agreement sets the notice periods and how to give notice. If it says nothing about this, the Civil Code rules apply. It’s best to give notice in writing, and if you are unsure about the notice period, ask a lawyer.
It depends on the form of ownership of the space and on the garage rules. A co-owner of a garage unit is in a different position than the owner of a separate property. Check your notarial deed and the association’s resolutions, and if a dispute arises, talk to a lawyer.
