According to published on September 19 this year. Project assumptions, in the event of the death of the current tenant, the lease agreement will cease to apply automatically. People close to the deceased who lived with him at the time of death, They will have a claim for a new contract, subject to income verification.
The municipality will decide on rent according to the criteria that will cover the applicant's property and income analysis. The possibility will also be a novelty introducing higher rents for people exceeding specific income thresholds.
The project assumes the exclusion of art. 691 of the Civil Code for municipal premises and the introduction of a solution that It is to enable municipalities more control over its housing resources. It is also envisaged to introduce special rules regarding the verification of the financial situation of tenants, as well as raising the rent in specific situations.
More frequent verification of income
In addition to limiting inheritance, the ministry announced Increasing the frequency of verification of tenants' income from the current 2.5 years to 5 years. As noted, the changes are also intended to extend the time to the presentation of income documents by tenants and to determine new frames for determining minimum and maximum rents.
As part of the expansion of municipal housing resources, the government plans to allocate PLN 45 billion on a housing construction program, which is to support not only the poorest, but also people whose income does not allow rent or purchase of apartments in the private sector.
“The Act does not specify the rules for the return of the deposit for tenants of municipal premises, when during the rental relationship as a result of the income verification, the rent increases, and the tenant during the increased rent rate terminates the lease agreement and empties the premises, which causes the need to return the deposit” – we read on the government page.
Similar directions of change also appeared in other legislative projects. Left MPs proposed that introduce the possibility of selling apartments to older tenants with a simultaneous redemption by municipalitieswhich would protect the interests of seniors and increase the number of premises in municipal resources. In the case of such apartments, after the tenant's death, inheritance of lease relationship would also be excluded.
System sealing
Planned changes indicate a greater sealing of the municipal apartment rental system, both by limiting inheritance and regular income verification, which is to increase the availability of premises for the most needy residents.
Municipal flats are premises at which the municipality has to provide apartments for people with low income who do not have their own property. The criteria for granting such premises are determined as part of resolutions issued by municipal councils, pursuant to the Act of 21 June 2001 on the protection of tenants' rights. The main requirement is to meet certain income thresholds and the inability to obtain a flat on market terms.
These regulations also provide that in situations where the area of the apartment exceeds specific limits per person, The municipality has the right to terminate the lease agreementprovided that the replacement premises are provided. The removal costs are covered by the commune in such cases. Detailed rules regarding rental, including income criteria or priority rules, are determined individually by each commune council.
Current provisions on the inheritance of the lease
Currently, in accordance with the provisions of art. 691 of the Civil Code, in the event of the tenant's death, the rental ratio of a municipal apartment automatically goes to selected persons, such as a spouse, children, persons in connection with the tenant or against whom the maintenance obligation rested. In the absence of such people, the rental ratio expires.
In the opinion of the deputy minister of development and technology of Tomasz Lewandowski presented at the Senate meeting, the current system promotes the unfair situations in which High income people use municipal resources, which blocks access to apartments for those in need of them. “We do not want to throw these people out of resources, but the local government should have the right to verify income whether a person meets the relevant criteria” – emphasized the deputy minister.
