In days the Law of March 9, 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of the country will enter into force. Government is trying to encourage citizens to rent and lend property to citizens of Ukraine.
Thus, new regulations have been introduced, including provisions on lending of real estate. It is important to note that the characteristic feature of lending is the use only free of charge.
The new regulations apply to lending agreements concluded with:
– Ukrainian citizens who came to the territory of the Republic of Poland directly from the territory of Ukraine in connection with military operations conducted on the territory of that country,
– citizens of Ukraine possessing the Card of the Pole, who came to the territory of the Republic of Poland together with their closest family members because of those military actions,
– spouses of Ukrainian citizens who do not have Ukrainian citizenship, if they came to Poland directly from the territory of Ukraine in connection with military operations carried out in the territory of this country.
The law provides that:
– in the case of lending/renting to a citizen of Ukraine (or the aforementioned members of their families) of a building or a part thereof for the purpose of temporary satisfaction of housing needs, the provisions of the Act of 21 June 2001 on the protection of tenants’ rights, the housing resource of the municipality and the amendment to the Civil Code (Dz. U. of 2022, item 172) and Art. 15zzu sec. 1 of the Act of March 2, 2020 on special solutions connected with preventing and combating COVID19, other infectious diseases and crisis situations caused by them (Dz. U. of 2021, item 2095, as amended) do not apply in the scope of this lending. This means that if the lending agreement is terminated (e.g. by the expiry of the period for which it was concluded) it is necessary to conduct court eviction proceedings but after the court proceedings, there will be no restrictions on eviction, such as in particular the right to conclude a social lease agreement.
Granting an entitlement to social housing in a judgment (e.g. to a minor) usually “blocks” an eviction due to the lack of social housing in municipalities.
However, the legislator wants to encourage Polish citizens to lend premises to Ukrainian citizens in need without fear of excessive difficulties in obtaining them.
The legislator excluded the provisions of the so-called “covidova act” (of March 2, 2020, on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them), which means that even in the period of epidemic danger and epidemics, it will be possible to carry out evictions.
Importantly, provision has been made for the possibility of granting the benefit to any entity – in particular, a natural person running a household, which will provide accommodation and food to citizens of Ukraine. The monetary benefit on this account may be granted on the basis of an agreement concluded with the municipality for no longer than 60 days. The period of payment of the benefit may be extended in particularly justified cases. Details are to be determined by the Council of Ministers by decree.