# Residential lease agreement — what it must contain (2026 template)

> A good lease protects both sides and saves you grief in a dispute. See which elements are mandatory, how to word rent, deposit and indexation, and how a standard lease differs from an occasional one.

Published: 2026-06-02
Updated: 2026-08-27
Source: https://smartrentier.com/blog/residential-lease-agreement-what-to-include
Tags: Documents, Law

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## Why put the lease in writing?

The law allows a verbal lease, but in practice that's asking for trouble. Only a written document precisely sets out the parties' rights and obligations and serves as evidence in any dispute over rent, deposit or the flat's condition. A well-drafted lease protects **both the landlord and the tenant**.

## Elements you can't leave out

- **The parties** — full name, ID number, address; company registration details if applicable.
- **The subject** — exact address, floor area, description and furnishings.
- **Duration** — fixed term or open-ended.
- **Rent and charges** — amount, payment date and method, account number.
- **Deposit** — amount and return rules.
- **Rights and obligations** — who pays for minor repairs, subletting rules, number of occupants.
- **Termination terms** — notice periods and grounds.
- **Signatures** of both parties and the date.

The line about the number of occupants almost always raises the question of address registration. Registration gives the tenant no rights to the property, and a ban written into the lease has no effect on the authorities — what to put there instead is covered in the article on [address registration in a rented flat](https://smartrentier.com/blog/registering-a-tenant-in-a-rented-apartment).

## Rent, charges and indexation

Clearly separate the **rent** (your income) from **running costs** and utilities. State which charges the tenant covers and how they are settled. If you want to raise the rent with inflation each year, add an indexation clause based on the GUS index — see [Rent indexation by the GUS index](https://smartrentier.com/blog/rent-indexation-cpi-gus).

## Deposit in the lease

State the deposit amount (usually 1–3 months' rent), its purpose and the return deadline.

## Fixed term or open-ended?

A **fixed-term** lease offers more stability and is harder to end early. An **open-ended** lease is more flexible but subject to the protective notice periods of the Tenant Protection Act.

## Handover report as an annex

Always attach a handover report with meter readings and a description of the flat — your main evidence when settling the deposit.

## Standard vs occasional lease

A standard lease is subject to full tenant protection. If you want a faster route to recover the flat, consider an [occasional lease](https://smartrentier.com/blog/occasional-lease-vs-standard-lease-comparison) — it requires a notarial act but greatly simplifies evicting an unreliable tenant.

Still not sure which to choose? See our detailed [occasional lease vs. standard lease comparison](https://smartrentier.com/blog/occasional-lease-vs-standard-lease-comparison) — differences in paperwork, cost, and time needed to recover the property.

## Common mistakes

- Not separating rent from utilities.
- No handover report or photo documentation.
- Vague termination rules.
- Skipping the indexation clause.

## Generate your lease in SmartRentier

Instead of piecing a lease together from random online templates, **generate it in SmartRentier**. Enter the basics — the parties, the property's address and area, rent, charges, deposit and dates — and the system builds a complete document with all the elements discussed (an occasional-lease variant is available too). You keep the lease and annexes attached to the property and tenant, and can generate the handover report and deposit settlement as PDFs.

Registration is free — the Kawalerka plan is free forever, no card required. [Create an account and generate your lease →](https://smartrentier.com/register)

_This article is for information only and does not constitute legal advice. For an atypical lease, consult a lawyer._

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PL: https://smartrentier.com/blog/umowa-najmu-mieszkania-co-musi-zawierac.md