The cash deposit is an amount that the tenant pays to the lessor to insure the tenant`s financial obligations under the tenancy agreement. Unlike the bank guarantee, cash deposits require an effective transfer of a certain amount of money between the parties, so it is more common to enter into leases for smaller premises. Under the lease, the parties should expressly agree on the conditions under which the lessor is entitled to withdraw cash deposit held. As a general rule, the condition is that the tenant does not meet his financial obligations under the tenancy agreement, although the landlord grants him an additional briefness. The standard amount of the cash contribution is 3 months` rent and service charges due under the pre-established tenancy agreement, both of which are increased by VAT, but the amount of the deposit depends on the underlying risk of the landlord. If the deposit is exhausted or changes the rental or service costs, z.B. following a revision/value, the tenant is usually obliged to supplement the amount. After the expiry of the tenancy agreement, the lessor returns the deposit to the tenant and, if necessary, the amounts earned have been deducted. Under the lease, the parties should agree whether the cash contribution is kept by the lessor in a paid or remunerated bank account and, in the case of the former, which party is entitled to the interest. Unlike the bank guarantee, this security measure does not require the assistance of the third party (bank) and is therefore more easily available to the lessor. In case of a change of landlord (for example. B as a result of a sale of real estate), cash held in the form of a cash deposit is agreed between the previous lessor and the new lender as part of the sale transaction.
As noted above, the market has developed a large number of leasing contracts. In accordance with market practice in Poland, the tenant is generally required to provide one of three types of securities: a notarized activity, including submission to payments and tendering for execution with respect to the return of the premises to the lessor, as well as one of the securities described above that were created to guarantee the payment of fees under the lease. However, a particular type of guarantee should be chosen individually by the parties to the lease, taking into account the lessor`s exposure to risk under the pre-established tenancy agreement, the tenant`s financial capacity, the duration of the lease and the profitability of the lease. This lease is a security contract for all these lease guarantees. A change (in Polish: wekseltrasovany) is a kind of debt that provides for the aforementioned payment obligation, but with respect to a third party, as indicated by the issuer. The content requirements of both documents are described with precision in the legal provisions. In the case of blank bonds, the issuer and beneficiary agree, in an agreement called a “foreign exchange declaration,” to the circumstances under which a debt must be filled and the maximum amount indicated. The rights arising from a debt title may be transferred by approval (in Polish: Indos), i.e. by a written declaration of a debt on the title of debt or by the transfer of the rights by convention. The guarantee can insure all amounts incurred by the tenant under the tenancy agreement, i.e. rent, service charges, service charges, but also the tenant`s contractual penalties, damage caused by the tenant to the premises or the expenses of the lessor in the factory work carried out on site for the rental transaction. As a general rule, the maximum amount of the bank guarantee corresponds to the rent of 3 months and the service charges due under a given tenancy agreement, both increased by VAT, but in practice this depends on the possible amount of the tenant`s debt and the landlord`s investment in the premises.
The validity of the bank guarantee is generally longer than the duration of the tenancy (usually 3 months longer), so that the lessor can assert his rights over the damage caused by the tenant to the premises after the handover to the lessor. In