In the case of premises rented for housing purposes, they are subject to the provisions of the Act of June 21, 2001 on the protection of tenants’ rights, municipal housing resources and the amendment to the Civil Code (i.e. Journal of Laws of 2018, item 1234, as amended – hereinafter the Act on the Protection of the Rights of Tenants). The tenant is a tenant, and the provisions of the act protect, inter alia, against excessive and / or unjustified increases.
Increase in rent due to the termination of a fixed-term lease
When the lease is concluded for a definite period, which ends, the landlord can offer the tenant basically any terms for extending the contract. If the tenant does not accept them, the contract is terminated with the expiry of the period for which it was concluded.
The landlord is looking for new tenants, and the tenant is looking for a new apartment.
Changes to the rent during the term of the fixed-term contract
In the case of concluding a contract for a definite period, the possibility of changing the rent depends on the content of the contract.
If the contract does not include the possibility of terminating the terms:
If the parties do not provide for the possibility of termination in the contract and there are no special circumstances specified in the regulations (e.g. delay in paying the rent), the lease agreement and the amount of the rent cannot be terminated. This means that:
- the tenant must pay the rent until the end of the contract,
- the landlord cannot change the tenant,
- the landlord cannot terminate the amount of the rent specified in the contract.
If the contract includes the possibility of terminating the terms of the contract:
If the contract provides for the possibility to terminate the rent, this increase is still limited by the provisions of the Act on the Protection of Tenants’ Rights. Even if the parties in the contract have specified the amount of the increase, if it exceeds the limits, the tenant will be able to oppose the increase . The terms of the rent termination may not be worse than in the case of the lease agreement for an indefinite period described below.