Last updated: 07.01.2026
Commercial leasing in Poland is a dynamic area of commercial real estate, shaped by both statutory regulations and the business expectations of commercial tenants.
Whether engaging as a landlord or a tenant, understanding how lease contracts operate in Poland is essential for avoiding disputes, securing predictable operating expenses, and ensuring that both the landlord and the tenant meet the obligations arising from the agreement.
Overview of Lease Types in Poland
In Poland, there are several forms of leases, each tailored to different types of property and usage:
- Ground Leases: These are long-term agreements where a tenant leases vacant land for development. After developing the land, the tenant typically sublets space for retail, office space, or industrial purposes. Ground leases are less common because the ground leasehold interest is not as easily traded as freehold property interests.
- Commercial Leases: Most commercial spaces – such as office buildings, retail outlets, and some industrial properties – are leased under commercial lease agreements. These leases are characterized by their flexibility and negotiation potential, often starting with an offer to lease that details key business terms including space, duration, rent, and tenant inducements.
- Residential Leases: While residential leases are more heavily regulated under specific Tenant Protection Laws, the focus of this guide is on commercial lease agreements, which offer greater room for negotiation.
- BTS (build to suit) leases refers to a real estate development arrangement where a developer constructs a property tailored to the specific requirements of a tenant, who then leases the property under a long-term agreement. This model is widely used in industrial, logistics, office, and retail sectors. Such properties with long-term leases are an attractive product for real estate investors, as BTS properties typically generate higher yields than typical commercial leases
Key Features of Commercial Leases in Poland
Negotiability and Legal Framework
Polish lease provisions are primarily regulated by the Civil Code. While the law provides a structured framework, commercial leases benefit from a semi-dispositve nature, meaning that while the statutory provisions set minimum standards, parties are generally free to negotiate terms that favor business needs – provided any changes improve tenant protection.
Within this framework, the lease becomes a legally binding contract detailing obligations such as who must pay rent, how property expenses are divided, what constitutes default, and when prior written consent is required for subleasing.
Lease Duration and Extension Options
Typical Lease Terms:
In the commercial sector, lease agreements are usually offered for a period between three and ten years. These standard durations are designed to balance long-term stability with the flexibility needed in a changing business environment. For ground leases or BTS leases where the value of investment on the land is significant, the term is very often 15-20 years.
Maximum Lease Term:
For leases between entrepreneurs, the maximum term is 30 years, while individual lease agreements are capped at 10 years.
Importantly, these maximum terms cannot be extended; instead, a new lease must be negotiated once the term expires.
Extensions:
Although standard commercial lease terms are fixed, tenants may negotiate extension clauses if permitted by the original agreement. This is particularly useful for businesses looking to maintain long-term operational continuity.
Commercial real esstate – Payment Terms and Rent Structure
- Rent Payment: Commercial leases in Poland typically require rent to be paid in advance on a monthly basis. Although the local currency is the default, monthly rent payments can also be structured in a foreign currency – most commonly euros – provided the amount is adjusted to match local value.
- Additional Charges: Most commercial leases operate on a net/net rental basis. This means that in addition to the base rent, tenants are responsible for paying additional charges. These can include a proportional share of real estate taxes, insurance, utilities, and common area maintenance costs. (More about property taxes you can find here)
- Turnover rent / percentage rent: In retail leases, an additional component may require tenants to pay a percentage of their annual sales as part of the rent.
- Marketing fees: Sometimes owners of shopping malls require tenants to contribute to marketing costs in the form of separate marketing fees.
- Rent Reviews and Indexation: Rent is typically fixed for the initial term of the lease, with subsequent yearly indexation (usually according to HICP or GUS index) to adjust for inflation or market changes. For lease renewals or extensions, rent may be set at a fixed rate or adjusted to reflect the current market value.
Landlord and Tenant Obligations
Responsibilities of the Landlord
- Property Maintenance: Landlords are generally obligated to repair and maintain the overall structure of the property, ensuring that the building remains functional and safe.
- Provision of Services: Standard services necessary for the operation of the property are typically provided by the landlord.
- Insurance: It is the landlord’s responsibility to insure the leased premises against potential damages.
Responsibilities of the Tenant
- Timely Payment of Rent and other fees: Tenants must adhere to the rental property fees payment schedule, ensuring that rent is paid on time.
- Property Upkeep: Maintaining the leased property in good condition is a key responsibility of the tenant. Any issues or needed repairs must be promptly reported to the landlord.
- Access for Inspections: Tenants must allow the landlord access to the property for inspections and maintenance work, usually by appointment.
- Subletting and Lease Transfer: Commercial leases generally require the tenant to obtain the landlord’s consent before assigning or subletting the property. This provision protects the landlord’s interest and ensures that any sub-tenant meets certain criteria.
- Required opening hours: In the case of retail leases, landlords typically require the tenant to conduct its business during the opening hours of mall or retail park.
Termination and Special Considerations
Grounds for Lease Termination
A commercial lease may be terminated if the tenant breaches any of its terms. Common grounds for termination include:
- Repeated late payment of rent (exceeding two rent periods).
- Use of the property in a manner inconsistent with the agreed purpose.
- Unauthorized assignment or sublease.
- making changes or improvements to the subject of the lease without the required consent of the lessor
Damage or Destruction of Premises
In the event that the leased premises are substantially damaged or destroyed, the lease typically expires. If the damage is partial, the rent may be reduced proportionally. However, if the damage results from the tenant’s actions, they may be liable for the necessary repairs or replacements.
Impact of Property Sale or Foreclosure
- Sale of Leased Property: The lease generally remains in effect even if the property is sold. However, the new owner might have the right to terminate the lease under certain conditions. If the lease has a fixed term and was authenticated (for example, by a public notary), and the tenant has taken possession, the new owner’s ability to terminate the lease is very limited.
- Foreclosure: Similarly, in the event of foreclosure, the lease can survive. Yet, depending on the circumstances – such as the timing of the lease agreement in relation to foreclosure proceedings – the new owner may be allowed to terminate the lease.
Importance of Understanding Commercial Leases
Commercial leases form a long-term foundation for business planning in Poland. Proper negotiation allows companies to secure predictable costs, anticipate maintenance responsibilities, and ensure alignment between the business model and the operational environment. A clear contract enhances stability and prevents disputes related to default, outstanding rent, or the scope of such repairs the tenant must make.
Conclusion
Commercial leasing in Poland offers a robust yet flexible framework that caters to a wide range of business needs. Whether you are entering into a new lease or reviewing an existing agreement, it is essential to understand the key elements – from payment structures and lease durations to landlord and tenant responsibilities and termination provisions. Armed with this knowledge, both landlords and tenants can navigate the commercial property market in Poland with confidence and foresight.
For more detailed information and personalized legal advice, we recommend consulting with our lawyers with extensive experience in the field of Polish real estate law and commercial lease market practice.
FAQ: Renting of commercial real estate and leasing process in Poland
What is the difference between a net lease, a gross lease, and a triple net lease?
In a gross lease, the landlord pays most property expenses, while the rent paid by the tenant is usually a flat fee.
Under a net lease, the tenant pays selected costs in addition to rent, such as real property tax or common area maintenance expenses. A triple net lease places almost all the expenses on the tenant, including real property tax, insurance, and maintenance, with the tenant obliged to reimburse landlord accordingly.
What is the role of a security deposit in a commercial lease?
A security deposit serves as financial protection for the landlord in case of unpaid rent, a late fee, or other breaches where the tenant fails to perform its obligations. It is commonly calculated as one or several months’ rent, sometimes equal to the last month’s rent, and its use is governed by the written agreement and applicable laws.
Can the landlord increase the rent during the lease period?
A rent increase is only permissible if expressly provided for in the written agreement. The lease should specify the mechanism, timing, and scope of such payment adjustments. Without a contractual basis, the landlord cannot unilaterally impose higher rent.
What notice periods apply to termination of a commercial lease?
Notice periods depend on the lease terms and applicable laws. They must be clearly stated in the agreement, as they determine how and when such party may terminate the lease if the other party breaches its obligations or if the lease period expires.
Are different rules applied to retail space, office space, or industrial space?
While the general principles remain the same, leases for retail space or industrial space often contain more detailed provisions regarding operating costs, maintenance, and risk allocation. These differences reflect the specific nature of the leasing process and the way each type of real property is used.
