As per Rendin Appendix 2: General Terms of Rental Agreement, smoking is strictly forbidden in the rental property, including on the balcony/terrace. Polish law also prohibits smoking in corridors, staircases and other communal areas of buildings.
If the tenant breaches this rule, the landlord must inform the tenant about it. If that doesn’t help, we recommend the landlord draw up a formal notice, which should clearly describe the tenant's violations and request they stop.
The notice should also include information that if the situation does not improve, i.e. if the landlord becomes aware of new smoking complaints, the tenant will again breach the agreement and his legal obligations. It will be grounds for terminating the rental agreement.
The landlord can set a reasonable deadline in writing, requesting the tenant to cease any violations of the agreement's terms. If the tenant continues to breach the terms of the agreement despite prior written warning, the landlord can terminate the agreement.
To confirm the grounds for termination, the landlord should have evidence of the tenant's behaviour, for example, written statements from neighbours and the property management, photos and videos.
If you need a draft of the warning or require advice on a specific case, contact our customer support.