Best Landlord & Tenant Lawyers in Krakow

About Landlord & Tenant Law in Krakow, Poland

In Krakow, as in the rest of Poland, landlord and tenant laws aim to balance the rights and responsibilities of both parties in a rental agreement. They cover a wide range of areas including but not limited to rent, leases, evictions, security deposits, maintenance and repairs. The Civil Code of Poland provides the main legal framework on this subject. It's worth mentioning that recent years have seen an increase in the enforcement of these laws due to the growing real estate market in Krakow.

Why You May Need a Lawyer

You may need a lawyer in Krakow for a variety of landlord-tenant issues. For instance, disputes often arise over lease agreements or security deposits. Eviction procedures can also be complex and often require legal expertise. If you're a landlord, you may need help understanding your obligations under the law regarding property maintenance and repairs. On the other hand, if you're a tenant dealing with unlawful eviction or uninhabitable living conditions, a lawyer can help you understand and enforce your rights.

Local Laws Overview

In Poland, the key aspects of rental laws are embodied in the Civil Code. They stipulate that landlords cannot evict tenants without a court order, even if the tenant fails to pay rent. Rent increases are also regulated; unless otherwise stated in the lease contract, rent can only be increased once a year following the inflation index. Both landlords and tenants are required to maintain the dwelling but landlords bear the responsibility for major repairs. Moreover, landlords are supposed to return the security deposit to the tenant upon termination of tenancy unless there's damage to the property.

Frequently Asked Questions

1. Is there any form of rent control in Krakow?

Unlike in some jurisdictions, there is no official rent control in Krakow. Yet, if a lease agreement does not specify rent increases, landlords can only increase rent following the inflation index once a year.

2. Can a landlord evict a tenant without a court order?

No, landlords in Poland cannot evict tenants without a court order, even if the tenant is in arrears with rent.

3. Who is responsible for maintenance and repairs?

Both landlords and tenants have a role to play in maintaining the property. However, the landlord is primarily responsible for major repairs.

4. How much notice should a landlord give before eviction?

The notice period for eviction depends on the type of lease. For indefinite contracts, a landlord must give three months' notice, while for fixed-term contracts, it depends on the terms of the contract itself.

5. What happens if a tenant refuses to move out after eviction?

If a tenant refuses to move out voluntarily after eviction, the landlord must seek enforcement of the eviction by the court. Any forcible eviction without the court's intervention is illegal.

Additional Resources

For further information, you can reach out to the Polish Civil Society Institute or the local civic advice center. The Polish Federation of Tenants' Associations also provides valuable resources and assistance.

Next Steps

If you require legal assistance, you can find a local lawyer specializing in landlord-tenant law. Remember, it's important to choose a lawyer who is familiar with local regulations in Krakow. You may also be able to seek assistance from legal aid organizations, especially if you're a tenant facing eviction or other significant issues.