Guide · offices
Office lease agreements in Poland: terms, security and a checklist
An office lease in Poland (umowa najmu) is governed by the Civil Code, article 659 onwards, but the parties agree almost every important term themselves. In Warsaw business centres leases are usually fixed-term, most often 3–5 years, with annual indexation and security covering several months of payments. Below: what each key clause means and what to check before you sign.
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Which law governs an office lease in Poland?
An office lease is a najem under the Polish Civil Code (Kodeks cywilny, art. 659–692). The tenant protection act for housing does not apply to offices, so the parties have wide freedom: term, indexation, security, early exit and repairs come mostly from the lease itself.
A few Civil Code rules are worth knowing. A lease of premises for more than one year must be made in writing, otherwise it is treated as indefinite (art. 660). Between businesses, a lease longer than 30 years becomes indefinite after that period (art. 661). At the end, you return the premises in an unimpaired condition, but you are not liable for normal wear and tear (art. 675).
A qualified electronic signature is equivalent to written form (art. 78¹), so you can sign remotely.
Fixed-term or indefinite office lease?
Business centres almost always offer fixed-term leases. Indefinite leases are more common for small offices and tenement buildings.
Fixed-term (na czas oznaczony)
Usually 3–5 years in class A buildings, longer for large spaces.
- Rent and terms locked for the whole term
- Landlords are more willing to give rent-free months and fit-out money
- The landlord cannot end it early without a contractual ground
- You can only terminate early in cases written into the lease (art. 673 §3)
- Changing your area needs landlord consent
- You stay liable for the full term, even if you no longer need the office
Indefinite (na czas nieoznaczony)
More common for smaller offices, tenement buildings and private landlords.
- You can leave with notice, no special reason needed
- Works when your horizon is unclear
- Simpler negotiations and less security
- The landlord can also give notice
- With monthly rent the statutory notice is just one month to the end of a calendar month (art. 673), so agree longer periods
- Incentives are rare
Rent currency and indexation
Check the lease for the rent currency and the exchange rate used to convert it to złoty when you pay, for example the NBP average rate on the day before the invoice. The service charge is almost always in złoty.
Rent is usually indexed once a year to the inflation index named in the lease (for example, GUS). Check which index applies, when the first indexation happens, and whether there is a cap. Downward indexation is normally excluded.
Deposit, bank guarantee and other security
Landlords almost always ask for security worth several months of rent and service charge including VAT, most often about three. The form is negotiable.
| Form | What it is | What to check |
|---|---|---|
| Cash deposit (kaucja) | Money held by the landlord for the whole lease | When and how fast it is returned; whether it is topped up after indexation |
| Bank guarantee | Your bank promises to pay the landlord on first demand | Validity a few months beyond the lease; the bank charge |
| Parent company guarantee | A guarantee from your group parent, often abroad | Translation and certification; governing law of the guarantee |
| Notarial submission to enforcement | Notarial deed under art. 777 §1 points 4 and 5 of the Code of Civil Procedure: vacating the premises and paying up to a stated amount | The maximum amount and the deadline for the landlord to apply for an enforcement clause |
| Statutory landlord lien | A lien on the tenant's movable property in the premises (Civil Code art. 670), with no contract needed | What stays in the office if there are arrears |
Polish Civil Code, lease — art. 659–692 (isap.sejm.gov.pl) · Polish Code of Civil Procedure, art. 777 (isap.sejm.gov.pl)
Terms to negotiate before signing
Break option
A right to end a fixed-term lease early, for example after year 3 of 5, with 6–12 months notice and repayment of unamortised incentives. Without it, leaving early is close to impossible.
Rent-free period
Months without base rent. In new Warsaw buildings, about 1.5–2 months per year of lease (Knight Frank, June 2026). The service charge is usually still payable.
Fit-out contribution
In new buildings, about 1,100–3,300 zł per m² (Knight Frank, June 2026, at the NBP rate of 4.4026 on 26 Oct 2026). Agree the scope, who picks the contractor, and who pays any overrun.
Reinstatement
By law the landlord may keep improvements against payment or ask you to restore the original state (art. 676). Agree upfront that a standard fit-out does not have to be removed.
Service charge reconciliation
You pay advances and the landlord reconciles actual costs once a year. Ask for the annual budget, a right to audit and a cap on increases; capital works on the building should not be passed through.
Subletting and flexibility
Whether you can sublet to a group company, assign the lease in a reorganisation, or get a right of first offer on adjacent space.
How an office lease gets signed
Offer and term sheet
The landlord sends an offer or letter of intent: rent, term, incentives, fit-out, security. It is not the lease yet, but its terms are hard to change later.
Check the building and the landlord
The land and mortgage register (księga wieczysta) shows the owner and mortgages; the KRS register shows who can sign for the company.
Draft lease
The landlord drafts it, often in Polish and English side by side. Check every figure and date against the term sheet.
Negotiation
Indexation, break option, security, reinstatement and service charge reconciliation.
Signing and security
Signature, including by qualified electronic signature, then the deposit, bank guarantee or notarial deed by the agreed date.
Handover
A handover protocol (protokół zdawczo-odbiorczy) with photos, meter readings and a list of defects. It is the benchmark for the condition you hand back.
Signing a Polish lease as a foreign company
Warsaw office leases are often bilingual, Polish and English in two columns. The lease should then say which version prevails if they differ, usually the Polish one. If it is in Polish only, get a translation and check it against the original. For a foreign company, plan time for powers of attorney, certified translations and any parent guarantee.
We work in your language. The lease will be in Polish, and we explain each clause in your language before you sign: term, indexation, deposit and break option. Questions about the legal effect of a specific text belong with a lawyer.
Clauses that are easy to miss
These rarely come up at the first meeting, but they affect both cost and day-to-day life in the office.
Insurance
Leases usually require the tenant to hold third-party liability cover and insurance for its own property. You often have to show the policy before handover.
Repairs and maintenance
By law the landlord hands over premises fit for the agreed use and keeps them so, while minor outlays from ordinary use fall on the tenant (Civil Code art. 662). Leases usually go into more detail, so check who pays for servicing air conditioning and systems inside your unit.
Permitted use
The lease states what the premises may be used for. If you plan a training room or regular client visits, write it in.
Late handover
If the landlord is late with the fit-out, what happens: the rent start date moves, a contractual penalty applies, or you get a right to withdraw.
Works by the tenant
Your fit-out design usually needs landlord approval, and contractors must follow building rules. Agree approval timelines upfront.
Signage, access, air conditioning
Your logo in the lobby or on the facade, 24/7 access, and air conditioning outside building hours, sometimes at an extra charge.
Checklist before you sign an office lease
- Area: net area, add-on factor and billable area match the offer
- Rent, currency, conversion rate and payment date
- Index (HICP or GUS CPI), first indexation date, cap
- Annual service charge budget and reconciliation rules
- Lease term, rent start date and handover date
- Rent-free months: how many and when
- Fit-out contribution: amount, timing, choice of contractor
- Security: form, amount, validity, return conditions
- Break option: date, notice period, compensation
- Reinstatement: whether the fit-out must be removed
- Parking: number of spaces, price, indexation
- Subletting and assignment within your group
- Signatories: authority under KRS or a power of attorney
- Which language version prevails
Read next
- Office space for rent in WarsawDistricts, classes and office formats.
- How much an office costs in WarsawRents by zone and a monthly cost example.
- Serviced office vs leaseWhen not to sign a five-year lease.
- Wola (A · B)Office towers around Rondo Daszyńskiego.
- Mokotów · Służewiec (A · B)Wide choice and flexible terms.
Questions and answers
How long is a typical office lease in Warsaw?
In modern business centres usually 3–5 years, longer for large spaces. Small offices in tenement buildings and from private landlords are often let indefinitely or for 1–2 years. If your horizon is under a year, a serviced office with monthly payments is usually easier.
Can I terminate a fixed-term office lease early?
Only in the cases written into the lease (Civil Code art. 673 §3). That is why a break option must be agreed before signing: the date, the notice period and any compensation. Without one, your options are a deal with the landlord or finding a replacement tenant.
What is a submission to enforcement under article 777?
It is a notarial deed in which the tenant accepts enforcement without a full court case, for vacating the premises (art. 777 §1 point 4 of the Code of Civil Procedure) and for payment up to a stated amount (point 5). The landlord only needs an enforcement clause from the court. Check the amount and deadline. This is general information, not legal advice.
How is office rent indexed in Poland?
Usually once a year, to the inflation index named in the lease (for example, GUS). Check the date the first indexation applies, whether there is a cap, and whether parking is indexed too.
What can I offer instead of a cash deposit?
Landlords usually accept a bank guarantee, sometimes a parent company guarantee, often combined with an article 777 notarial deed. A guarantee does not tie up your cash, but the bank charges for it. The amount is most often about three months of payments including VAT.
Do I have to restore the office when I leave?
You return the premises in an unimpaired condition, allowing for normal wear and tear (Civil Code art. 675). For improvements, the landlord may pay for them or ask for the original state (art. 676). Spell out any obligation to remove the fit-out in the lease.
Can a foreign company sign a Polish office lease remotely?
Yes. A qualified electronic signature is equivalent to written form (Civil Code art. 78¹), which a lease longer than a year requires. A submission to enforcement under article 777 still needs a notarial deed, which can be signed by an attorney holding a power of attorney.
Sources
- Polish Civil Code, lease — art. 659–692 (isap.sejm.gov.pl)
- Polish Code of Civil Procedure, art. 777 (isap.sejm.gov.pl)
- Knight Frank, Warsaw office market H1 2026 (data at end of June 2026)
- Eurostat, Harmonised Index of Consumer Prices (HICP)
- Statistics Poland (GUS), consumer price indices
- Electronic Land and Mortgage Registers (ekw.ms.gov.pl)
- National Court Register search (wyszukiwarka-krs.ms.gov.pl)
- NBP, table 208/A/NBP/2026 of 26 Oct 2026
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