Fake rental agreements in Warsaw: How to verify the landlord and check legality

Critical path of verification of the premises

Below we present 4 technical stages of checking whether your room at Rakowiecka Street or Pasteura Street exists in legal transactions at all.

1. Land and Mortgage Register (KW) – your “Syllabus” of real estate

Before you sign anything, you need to see the KW number. This is the most important document, the equivalent of a study program.

1. Why is it difficult? Landlords often claim that “KW is in court” or “the apartment is inherited”.
2. True: Checking the KW in the EKW (Ministry of Justice) system allows you to verify whether the person claiming to be the landlord has the right to dispose of the premises. If you see a different name in Section II, you are dealing with a “blocking object” – do not sign the contract without a notarial power of attorney.

2. Occasional Lease – “Commission Exam” at a notary

In Warsaw, occasional rental is the standard. It requires a declaration of submission to enforcement (Article 777 of the Code of Civil Procedure).

• Mechanism: You must indicate another premises where you will live in the event of eviction. If the owner of the replacement premises does not sign the statement, your contract is defective.
• Release statistics: 40% of students indicate fictitious addresses, which in the event of a conflict with the Tax Office ends with immediate termination of the contract without returning the deposit.

3. Notification to the Tax Office (PIT-28) – Verification of the “ENTRY”

The owner is obliged to report the occasional lease to the Head of the Tax Office.

• How to check it? You have the right to request a copy of the application with the presentation of the office (e.g. the Third Tax Office Warsaw-Śródmieście). If the owner refuses, he is probably fleeing the lump sum tax (8.5%). For you, this means that you are not able to register for temporary residence, which is crucial for foreigners fighting for a Residence Card.

4. Temporary registration – “Token registration” at the district office

In Warsaw, registration does not require the landlord’s consent if you have a valid lease agreement.

• Specific: You go to the District Office (e.g. Ochota, Grójecka Street) with a contract. If the official finds that the contract is forged or the landlord is not listed as the owner in the registration database, the case goes to the prosecutor’s office. This is the “final exam” on the legality of your apartment.

How does the Tax Office detect “fake” contracts?

Most students in Warsaw make the mistake of believing that “cash settlement” protects them from problems. The truth is brutal: the Tax Office has algorithms that monitor cash flows, and banks are obliged to report suspicious transactions.

• The title of the transfer is your security “index”: If the owner tells you to write “return for purchases” or “loan” in the title of the transfer, you are entering the area of a sham agreement (Article 83 of the Civil Code). In the event of an inspection, the Tax Office will consider such an agreement invalid, which means an immediate loss of tenant status for you and the inability to apply for a social scholarship in USOS, which requires documented housing expenses.
• Historical analysis of PIT-28: If the landlord suddenly reports the lease after two years of “silence”, the tax office retrospectively checks who lived in the premises. If it was you and you do not have a legal contract, you can be summoned as a witness to the Tax Office in Warsaw-Mokotów (or the one competent for the district). Lying in testimony is a criminal risk, and the truth means a conflict with the owner and immediate loss of the deposit.

Occasional rental – the trap of a “fictitious address”

In Warsaw, occasional lease is standard at Pole Mokotowskie or Kampus Ochota. The key element is an attachment in which you indicate the address to which you will move after eviction.

• Trading Statements: On FB groups, there are offers to sell such statements for PLN 200-300. This is a legal “exam to be corrected” that you don’t want to pass. If you indicate a false address and the owner of this address does not confirm the consent with a notary, the entire lease agreement becomes legally ineffective.
• Treasury risk: The Tax Office verifies the declarations during cross-checks. If the system shows that 50 students have “eviction security” at one address, the case goes to the prosecutor’s office. For you, this means losing your occupant protection in the middle of the exam session, as an occasional agreement without a valid replacement address becomes a regular tenancy agreement that the landlord may try to undermine by accusing you of misleading.

How to check if the “owner” is not a scammer?

In Warsaw, especially in old tenement houses in Praga or in the vicinity of Koszykowa Street, the right of ownership is complicated. You often encounter a situation where the premises are managed by the “owner’s grandson” who does not have any powers of attorney.

• Section II of the Land and Mortgage Register: This is your only sure “syllabus” of ownership. Check if the person signing the agreement is listed there as the owner or perpetual usufructuary. If the premises are owned by a company, the agreement must be signed by a person listed in the National Court Register.
• Notarial power of attorney: If the owner is abroad and the contract is signed by a “colleague”, demand access to the power of attorney with a notarized signature. Without it, the contract is ineffective and suspended. In the university system, such an agreement will not go through verification for a dormitory subsidy or scholarship, which will generate a point deficit in your wallet.

Red Flags when signing a contract

Can you also have a problem?

Most students think that the rental tax (flat rate of 8.5%) is paid only by the landlord. That is true, but you are jointly and severally liable for certain technical aspects.

• Utility fees and the owner’s income: If you have a provision in the contract that you pay the owner PLN 3000 “all inclusive”, then the owner pays tax on the whole. However, if there is a division in the contract: “rent 2500 PLN + fees to the community 500 PLN”, then the owner pays tax only on 2500 PLN.
• Fraud Mechanism: Owners often artificially inflate “community fees” in order to pay less tax. If the IRS detects this, your agreement will be considered a tool for tax avoidance. You may be called to testify under penalty of perseverance. This is stress that, combined with the September campaign at the university, can lead to complete burnout and abandonment of studies.

Technical parameters of lease verification 2026/2027

Illegal apartment lease agreement?

How to check if the landlord has reported an occasional lease agreement to the Tax Office?

You have the right, or even the obligation, to require the owner to present a confirmation of the registration of the agreement to the Head of the relevant Tax Office. He should do it within 14 days of starting the lease. If it fails to do so, the agreement loses its “occasional” status, which means that any statements of enforcement are invalid. For you, it is information that the owner operates in a grey area.

Can the owner prohibit me from temporary registration in Warsaw?

Legally – no. Registration is an administrative act that confirms the facts. If you live in the premises and have a contract, you go to the District Office (e.g. Śródmieście at Nowogrodzka Street) and register for temporary residence. The owner does not need to know about it or give his consent. However, if the contract is “fake” or the owner does not have a legal title to the premises, the office will refuse to register and you will find out that you live in a “legal vacant lot”.

What should I do if I find out that the premises are subject to bailiff enforcement?

In Warsaw, it is common to rent indebted apartments. Check Section IV of the Land and Mortgage Register (Mortgage) and Section III (Rights, Claims and Restrictions). If there is an entry about the initiation of enforcement from the property, your lease agreement may be terminated by a compulsory administrator or a bailiff. This is a “critical” situation, worse than a board exam – you have to look for a new place immediately.

Is it legal to “sublet” a room from another student?

Only if the main tenant has the written consent of the landlord to sublease. In 90% of cases, contracts in Warsaw are prohibited from subletting. If you pay a colleague for a room without the consent of the landlord, you have no rights. The owner can remove you from the premises with the assistance of the Police as a person without a legal title, and you will not get a penny back.

Where to verify the owner’s PESEL before signing the contract?

You do not have access to the PESEL database, but you can ask for an ID card and compare the data with the KW number. If the owner refuses to show the proof, but demands yours – that’s a red flag. In Warsaw, there are “ghost brokers” who rent out their apartments, collect deposits and disappear.

How to write an appeal to the Dean (Faculty) if I have lost my apartment and cannot study?

The appeal must contain evidence of “force majeure”. If the landlord evicted you unlawfully (illegal rental), attach a copy of the bail summons or police report. Ask for a “conditional entry” or an extension of the deadlines for credits (the so-called extended session). Remember that the dean’s office at the Ochota Campus or the Warsaw School of Economics requires specifics – dates, documents, and not “pouring water” on a difficult situation.

Can I report the owner to the Tax Office if he does not want to return the deposit?

Yes, this is the so-called “nuclear option”. You file a report on a suspected tax offence to the Tax Office competent for the district (e.g. Śródmieście, Lindleya Street). If the landlord did not pay the rental tax, he faces high fines. Often, the mere announcement of such a step means that the deposit is returned to the account within 5 minutes.

Is an oral lease agreement valid in the light of USOS and the Tax Office?

An oral agreement is legally valid, but administratively useless. You will not receive a social scholarship on the basis of it, you will not settle tax-deductible costs and you will not obtain registration. This is the easiest way to remove students from the list if you need to prove your place of residence.

How to check if the apartment is not in debt with a cooperative (e.g. in Mokotów)?

When signing the contract, ask for a certificate of no arrears with the administrative rent. Dishonest owners in Warsaw often collect money from students, but do not transfer it to the community. As a result, you can wake up with water cut off by MPWiK in the middle of an exam session.

Can a foreigner check the legality of renting without PESEL?

Yes, all you need is your passport number. KW verification takes place online and is independent of the residency status. However, a legal agreement is necessary to obtain a PESEL UKR or ordinary one number – without it, you will not open a bank account and sign up for token registration in the university system.