Buying a Flat in Poland with a Sitting Tenant: Risks and How to Protect Yourself
You've found a flat at a good price, but someone has been living in it for years, and the seller tells you "it's not a problem, you'll just swap them out"? In practice, things are usually far more complicated — a lease doesn't simply disappear when the owner changes, and the tenant has rights of their own. This guide explains what to check before you sign anything on a Polish flat that comes with a sitting tenant.
This guide is general legal information, not legal advice. We do not guarantee any outcome — whether and on what terms the lease binds the new owner, and what options you have regarding the tenant, depends on the wording of the lease agreement, the entries in the land and mortgage register (księga wieczysta — the Polish land registry) and the specific circumstances of the case. If you are planning this kind of transaction, it should be reviewed by a notariusz (a civil-law notary, not to be confused with a UK notary public) or a qualified Polish lawyer. Twoja Sprawa is an informational and coordination platform, not a law firm — we help you organise the documents for that assessment; the review, advice and any representation are carried out by a cooperating Polish advocate or legal counsel (adwokat/radca prawny).
Key facts at a glance
- Selling a flat does not usually end the lease — as a rule, the new owner steps into the previous owner's position as landlord under the existing lease.
- Residential tenants in Poland are protected by a separate statute — the Act on the Protection of Tenants' Rights, the Municipal Housing Stock and on Amendments to the Civil Code of 21 June 2001 (Journal of Laws / Dziennik Ustaw 2001 No. 71, item 733) — covering, among other things, deposits and the rules governing residential leases.
- A lease is rarely recorded in the land and mortgage register — checking the online register (e-KW) alone may not reveal that a tenant is living in the flat.
- Reviewing the lease agreement itself is essential — its terms, duration, rent and deposit status determine what you are actually taking on.
- A new owner cannot terminate the lease automatically — statutory time limits and grounds apply, and they cannot be bypassed.
- The sale contract should include the seller's representations about the existence and terms of the lease — this is a basic safeguard for the buyer.
The lease binds the new owner — a rule buyers often overlook
Many buyers assume that a change of ownership automatically ends the previous owner's lease with the tenant. Under Polish law, the opposite general rule applies: the purchaser of a property, as a rule, steps into the position of landlord under the existing lease and must honour the agreement already in place.
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Request a free initial assessmentIn practice, this means that when you buy a flat with a sitting tenant, you are not buying an "empty" property — you are buying a property encumbered by an ongoing lease, on the same terms (rent, duration, any special clauses) as the previous owner agreed with the tenant. A change of ownership is not, on its own, grounds to terminate the lease or to demand the tenant move out immediately. Before you sign anything, get to know the lease terms in full — duration, rent, termination rules, and whether it is an "occasional" lease (najem okazjonalny, a special notarised short-term lease type under Polish law) or an ordinary one.
Tenant protection — what the Tenants' Rights Act covers
The position of residential tenants in Poland is governed by a separate statute — the Act on the Protection of Tenants' Rights, the Municipal Housing Stock and on Amendments to the Civil Code of 21 June 2001 (Journal of Laws 2001 No. 71, item 733, consolidated text). Among other things, this Act sets out the rules on collecting and returning deposits and on residential leases generally.
For a buyer, the key point is that a tenant covered by this Act enjoys protection that goes beyond the general Civil Code rules on leases — this is particularly true of the procedure and grounds for termination. Before buying, it is therefore worth establishing whether the full protective regime of this Act applies to the specific tenant, or whether some exception applies.
The Act also sets rules for the security depositnot enough — a lease is rarely disclosed there, so checking it may not reveal that a tenant lives in the property.
| What to check | Why it matters | Notes |
|---|---|---|
| Lease agreement (copy) | Duration, rent, termination terms, deposit status | Ask for the full document, not a summary |
| Seller's written statement on the lease | Basis for liability if the lease was concealed | Tenant details, term, deposit amount |
| Land and mortgage register (e-KW) | Legal status of the property (owner, encumbrances) | Does not always disclose the lease itself |
| Conversation with the tenant (with the seller's consent) | Verifying the actual lease terms | Also helps flag any rent arrears |
| Written confirmation of rent/deposit accounts | Avoids disputes over the amount handed over | Ideally confirmed in writing by both parties |
The deposit and settling accounts between seller, buyer and tenant
A deposit paid by the tenant belongs to the tenant — the new owner takes on the obligation to return it once the lease ends. The buyer should make sure the deposit amount is actually handed over by the seller — otherwise you could end up owing the tenant a deposit you never received. It is worth setting this out explicitly in the sale contract: the deposit amount, how it will be transferred (offset against the price or a separate payment), and the seller's statement confirming there are no outstanding amounts owed to the tenant on this account.
Protective clauses to include in the contract
The sale contract, or the preliminary agreement, should include clauses that clearly set out the legal position of the lease, so that any discrepancy with the actual facts falls on the seller, not the buyer:
- The seller's statement confirming the existence (or absence) of a lease — with full details of the agreement if one is in force.
- A statement confirming no arrears — in rent, service charges, or amounts owed to the residents' association/housing cooperative.
- A statement on the deposit amount and its handling — plus an undertaking to hand it over to the buyer.
- Confirmation that the seller has not entered into any other, undisclosed agreements allowing third parties to use the property.
- Seller liability for concealing a lease — treated as a legal defect in the property.
The more precisely these points are set out in the contract, the less room there is for a dispute after completion.
Can you end the lease after buying the flat, and how
Buying the flat does not, by itself, give the new owner the right to end the lease immediately or to demand the tenant leave. Termination follows the general rules set out in the lease agreement and — for residential property — also the Tenants' Rights Act.
If the tenant does not leave despite valid termination, the owner cannot remove them without a court order — eviction requires court proceedings, and how that plays out depends on the circumstances of the case. So if you're buying with a view to moving in yourself soon after completion, it is best to agree a realistic timetable with the seller in advance — and, ideally, to have the lease brought to an end before the sale contract is signed, if that is achievable.
Frequently asked questions
Can I terminate the lease as soon as I buy the flat?
No — the purchase itself is not grounds for termination. The new owner steps into the landlord's position and must follow the termination rules in the lease agreement and in the tenant-protection legislation.
Do I have to take on the deposit paid by the tenant?
In practice, yes — the obligation to return it passes to the new owner, so it is essential that the seller actually hands over that amount to you and confirms this in the contract.
Will the land and mortgage register show me that the flat has a tenant?
Not necessarily — the lease itself is usually not disclosed there. The key sources are the lease agreement and the seller's statements.
Can I rely on the seller's assurance that the tenant will "move out soon"?
You shouldn't — what matters is the wording of the lease agreement and the tenant-protection legislation, not verbal promises. If a quick vacant possession matters to you, aim to get the lease ended before completion.
Need help with this?
If you are planning to buy a flat with a sitting tenant, or you've already signed and have doubts about the lease or deposit status, we can help you organise the documents ahead of a consultation with a lawyer. See also: Property in Poland — main guide (in Polish), How to check the land and mortgage register before buying and What to check in a preliminary property purchase agreement.