Poland: Rental Handover Protocol (Protokół)
A handover protocol (protokół zdawczo-odbiorczy) is written when a flat changes hands: at the start of a lease, when the landlord gives the keys to the tenant, and again when the tenant gives the flat back. The Polish version of this article carries two printable forms in Polish, one for handover to the tenant and one for return, with space for meters, furnishings, defects and signatures. They are neutral models, not legal advice. Agree with a lawyer how the protocol fits your lease before both parties sign.
For other situations: the sale handover protocol, and the Polish developer handover checklist.
What the Civil Code says about a rented flat's condition
Article 659 § 1 of the Civil Code defines najem: the lessor undertakes to hand the thing to the lessee for use, for a fixed or indefinite time, and the lessee undertakes to pay the agreed rent. Three provisions speak about the condition of the premises:
- Handover. The lessor should hand the thing over in a state fit for the agreed use and keep it so for the duration of the lease (art. 662 § 1).
- Return. After the lease the lessee must return the thing undeteriorated, but is not liable for wear that results from proper use (art. 675 § 1).
- Presumption. It is presumed that the thing was handed to the lessee in good condition and fit for the agreed use (art. 675 § 3).
That is why it is worth recording the state on the day of handover: art. 675 § 3 creates the presumption, and the protocol lets you show what the state actually was. What evidential weight the protocol has in a given case is for a lawyer to judge. What these provisions do not say: in the Civil Code provisions on najem (arts. 659 to 692) we did not find the word protokół. A protocol is provided for by the tenants' protection act (ustawa o ochronie praw lokatorów, consolidated text Dz.U. 2023 item 725, in the version published by the Sejm Chancellery, read on 17 October 2026). Its art. 6c says that before the premises are handed to the tenant the parties draw up a protocol stating the technical condition and degree of wear of the installations and equipment in them, and that the protocol is the basis of settlement on return. A tenant of premises is a lokator under that act (art. 2(1) pt 1). The act gives no model or list of fields, so the forms are our proposal; the block on installations and equipment follows what the provision asks to be described. In a lease of premises outside the public housing stock the parties may agree differently on the rights and obligations listed in arts. 6a–6e, which include art. 6c (art. 6f). Whether your lease changes this, and whether the provision covers a given kind of lease (for example an occasional or institutional lease), is worth checking with a lawyer.
How to use the forms
Fill in both copies together, room by room; take dated photos and note how many and which numbers; read the meters with the other party present; the forms also have a block for the technical condition and wear of the installations and equipment, the deposit with its date, the tenant's new address for the deposit refund and any items the tenant leaves behind; count keys, remotes and cards; write "none" against an item that is not there instead of leaving it blank; sign both copies and keep one each; keep the handover protocol with the lease, since you need it at return; and ask a lawyer how the protocol relates to the lease, including the deposit and minor repairs. Fields marked optional (identity document, meter-point numbers) can be left out; write down only the personal data the parties really need.
How Unitify relates to rental protocols
It does not. Unitify is a platform for owner-occupied buildings, associations and the companies that manage them; it is not a tool for running rentals and it does not generate handover protocols. If your wspólnota uses Unitify, the board can send residents notices in the resident app and track residents' requests in requests. On the board's work: Wspólnota Mieszkaniowa: Duties and the Board. Euro prices are net of VAT; see pricing and the Poland page.
Frequently asked questions
Is a handover protocol required when renting a flat in Poland?
The Civil Code does not mention a protocol, but the tenants' protection act (ustawa o ochronie praw lokatorów) provides in art. 6c that before the premises are handed to the tenant the parties draw up a protocol stating the technical condition and degree of wear of the installations and equipment in them, and that the protocol is the basis of settlement when the premises are returned. There is no statutory model. In a lease of premises outside the public housing stock the parties may agree differently on the rights and obligations listed in arts. 6a–6e, which include art. 6c (art. 6f). Whether your lease changes this, and whether the provision covers a given kind of lease (for example an occasional or institutional lease), is worth checking with a lawyer.
Why record the state of the flat at handover?
The Civil Code says the lessor should hand the thing over in a state fit for the agreed use (art. 662 § 1) and that at the end the lessee returns it undeteriorated, without liability for wear from proper use (art. 675 § 1). Art. 675 § 3 presumes that the thing was handed over in good condition. A protocol with a description of the state lets you record what that state actually was on the day.
What should the protocol for handing a flat to a tenant contain?
The parties and the address, the lease, the number of keys, remotes and cards, meter numbers and readings with the date, the technical condition and degree of wear of the installations and equipment, furnishings with their condition, the condition of each room, existing defects with photos, and both signatures. The Polish form has all of these fields.
How is the return protocol different?
It is drawn up when the flat is handed back and compared with the handover protocol: meters, keys, furnishings, rooms and new damage. The second Polish form has a column for the state at handover next to the state at return, so differences show at once.
Can the protocol be completed without the other party?
The form is meant to be signed by both parties, in two copies. What to do if one party will not sign, or how to prove the state of a flat in a dispute, is a question for a lawyer; the lease provisions we read do not cover it.
Does Unitify generate a handover protocol?
No. The forms are for printing and filling in by hand. Unitify is a platform for owner-occupied buildings, associations and their managers, not a tool for running rentals, so it does not handle rental protocols.