Short-Term Rental Agreement 2026 - Template Compliant with CWTON

Short-Term Rental Agreement 2026 - Template Compliant with CWTON and New Regulations

Renting by the night without a written agreement is a bit like driving a car without insurance - you might go years without anything happening, but when something goes wrong, the consequences will be painful. A guest who refuses to pay for a damaged sofa. A dispute over checkout time. A complaint you can't reject because there's no document confirming the terms of stay. And from May 20, 2026, there's yet another reason: the regulations implementing EU Regulation 2024/1028 and the CWTON (Central Register of Tourist Accommodation) register require your documentation to be complete and compliant with new standards. The short-term rental agreement is the foundation of that documentation.

Key Takeaways

• From May 2026, the short-term rental agreement should include the CWTON registration number, a reference to house rules, and GDPR clauses
• A written agreement protects you legally - even if the reservation is through a platform, your own agreement gives you additional protection in disputes
• You don't need to write an agreement from scratch - a ready-made template with fill-in fields, adapted to new regulations, is sufficient
• A platform agreement (Airbnb, Booking) doesn't fully replace your own agreement - it regulates the guest-platform relationship, not the guest-host relationship
• Signed agreements should be kept for a minimum of 5 years due to tax regulations and potential civil claims

Why do you need a written agreement - even for a single night?

Many hosts ask this question: "The guest books through Airbnb, there's a booking confirmation - why would I need some other agreement?" The answer is simple: a booking confirmation on a platform is not the same as a rental agreement. It regulates the relationship between the guest and the platform, not between the guest and you as the property owner.

A written agreement gives you several key advantages:

• Evidence in court - if a dispute arises over damages, non-payment, or rule violations, the agreement is a document you can rely on. Without it, it's your word against the guest's
• Clarity of terms - the guest knows exactly what the price covers, what the rules are, and what consequences follow for violating them
• CWTON compliance - the CWTON (Central Register of Tourist Accommodation) register requires hosts to maintain stay documentation. The agreement is part of that documentation, alongside the guest register and house rules
• Personal data protection - the agreement can include a GDPR information clause, which is required when collecting guest data. More about this in the article on GDPR in short-term rental
• Professionalism - a guest who receives an agreement takes the stay more seriously. Fewer parties, less damage, fewer problems

Also remember that penalties for not registering in CWTON can reach 50,000 PLN, and complete documentation is one of the conditions for maintaining registration. The rental agreement is a piece of that puzzle.

What must a short-term rental agreement include in 2026?

The new regulations don't introduce a single mandatory agreement template - but they specify elements that you must have documented. In practice, this means your agreement should contain several new elements that weren't previously required.

CWTON registration number

This is the most important new addition. From May 20, 2026, your agreement should include the CWTON (Central Register of Tourist Accommodation) registration number - the same one you place in listings on platforms. Why? Because it's proof that your property is legally registered. During an inspection, officials may ask to see guest agreements - and the CWTON number in the agreement confirms that you operate in compliance with the law.

Reference to house rules

The agreement should include a clause stating that the guest has read the house rules and agrees to abide by them. Ideally, the house rules should be an attachment to the agreement - this removes any doubt that the guest received them.

Fire safety information

New regulations emphasize fire safety. The agreement should include information that the property is equipped with required fire protection measures (smoke detectors, fire extinguisher, evacuation plan) and that the guest has been informed about them. This element protects you in case of an unexpected event.

GDPR information clause

You collect guest data - first name, last name, document number, address. These are personal data, and you must inform the guest about how you process them. A GDPR clause in the agreement isn't a legal whim - it's an obligation under the law. Without it, you're violating GDPR, and fines for that are a separate category of pain.

Cancellation terms

Clearly defined cancellation and refund conditions eliminate disputes. What happens when a guest cancels the reservation the day before arrival? And what if they don't show up at all? The agreement should address this - even if the reservation is through a platform, your cancellation policy may differ from the platform's policy.

Standard agreement clauses - point by point

Let's now go through all the elements of a good short-term rental agreement. I'll discuss each clause and explain why it matters.

1. Identification of parties

Every agreement begins with identifying who is entering into it. In the case of short-term rental, these are:

• Landlord (host) - your first and last name or company name, address, NIP (tax ID, if you operate a registered business), phone number, email, CWTON registration number
• Tenant (guest) - first and last name, home address, identity document number (ID card or passport), phone number

Why is this important? Because in case of a dispute, you need to know who you're dealing with. A guest without data is a phantom guest - you can't pursue a damage claim against them, you can't report the matter to police. More about collecting guest data in the article on GDPR in short-term rental.

2. Property description

A detailed description of what you're renting out:

• Property address (full, including apartment number)
• CWTON registration number
• Usable area
• Number of rooms
• Floor
• Equipment (list of key equipment or reference to a handover protocol)
• Maximum number of guests

This point eliminates misunderstandings like "I thought the apartment had three bedrooms" or "the photos showed a balcony." The description in the agreement is your line of defense.

3. Rental period and check-in/check-out times

Precise specification of the stay period:

• Start date and time of the rental (e.g., March 15, 2026, 3:00 PM)
• End date and time of the rental (e.g., March 18, 2026, 11:00 AM)
• Stay extension procedure - whether it's possible and under what conditions
• Consequences of late checkout - e.g., an additional fee for each started hour after checkout time

Let's be honest - checkout time disputes are a classic in short-term rental. The guest who is "still packing" at 1:00 PM when the next guest arrives at 3:00 PM, and you still need to clean and prepare the apartment. A clear clause in the agreement solves this problem.

4. Price, payment method, and deposit

Finances are a sensitive topic, so the more precisely you describe them, the better:

• Total rental price - gross amount for the entire stay
• What the price includes - accommodation, utilities, final cleaning, WiFi, parking (if applicable)
• What is not included - additional cleaning, early check-in, extra bed
• Payment method - bank transfer, card payment, cash, through the platform
• Payment deadline - in advance, at check-in, partial prepayment
• Refundable deposit - amount (e.g., 500 PLN), deduction conditions, return deadline (e.g., 48 hours after checkout)
• Invoice - whether issued automatically, on request, and within what timeframe

The deposit issue is particularly important. Clearly specify in what situations you can deduct from it (damages, additional cleaning, rule violations, lost keys) and what the return deadline is. Many guests take the deposit seriously - the mere fact of its existence lowers the risk of damages.

5. Liability for damages

This clause is your insurance policy within the agreement:

• The guest is liable for damages caused during the stay, beyond normal wear and tear
• Obligation to immediately report damage - the guest must notify the host of any damage immediately upon discovering it
• Damage documentation - photos, protocol, repair estimate
• Third-party liability - the guest is also responsible for damages caused by people they invited to the property
• Host liability - the host is not liable for items left behind by the guest or for damages resulting from improper use of equipment

It's also worth adding a clause about insurance. If you have host liability insurance (and you should - check our document checklist), you can mention it - this builds guest trust.

6. Acknowledgment of house rules

A key clause that links the agreement to the house rules:

• The guest confirms having read the property's house rules
• The guest agrees to abide by the house rules
• The house rules constitute an attachment to the agreement (ideally as Attachment No. 1)
• Violation of house rules may constitute grounds for immediate termination of the agreement without a refund

This clause is particularly important because it gives you the right to terminate the agreement in emergency situations - e.g., when a guest throws a loud party at three in the morning or smokes in the apartment.

7. Personal data processing clause

A mandatory element in 2026. The clause should inform the guest about:

• Who the data controller is (you as the host)
• What data you collect and for what purpose (contract performance, legal obligations - guest register, security)
• Legal basis for processing (contract performance - Article 6(1)(b) GDPR, legal obligation - Article 6(1)(c) GDPR)
• Data retention period
• Guest rights (access, rectification, deletion, restriction of processing)

You don't need to write a multi-page privacy policy in the agreement. A concise information clause is sufficient - 5-8 sentences covering the mandatory elements. Details can be found in our article on GDPR in short-term rental.

Your own agreement vs. platform booking - what's sufficient?

This is one of the most frequently asked questions. Let's break it down.

Booking through a platform (Airbnb, Booking, Vrbo)

When a guest books through a platform, they accept the platform's terms of service. Those terms regulate:

• The guest-platform relationship (payments, cancellations, dispute resolution through the platform)
• Rules for using the platform
• The review and rating system

What the platform's terms do NOT regulate:

• Detailed conditions for using your specific property
• Your house rules
• Fire safety matters specific to your property
• Guest register data collection (this is your obligation, not the platform's)
• Liability for damages under Polish civil law

When is a platform booking sufficient?

In theory, if you have a well-configured platform profile with house rules described, and the platform handles payment and deposit, you could get by without a separate written agreement. But this approach has gaps:

• The platform can change its terms at any time
• In a Polish court, platform terms have limited evidentiary value
• You don't fully meet CWTON documentation requirements
• You have no confirmation that the guest has read your house rules

When do you absolutely need your own agreement?

• Direct bookings - if the guest books outside the platform (through your website, phone, referral), the agreement is the only document governing the stay
• Longer stays (over 7 days) - the longer the stay, the greater the risk of problems. The agreement gives you tools to resolve them
• Premium properties - expensive apartments, houses with pools, properties with valuable equipment. The stakes are higher, so the protection must be better
• Groups - multiple people in one property means more potential problems. An agreement specifying the booking person's responsibility for the entire group is standard
• Corporate guests - companies often require an agreement for accounting and tax purposes

My recommendation? Always have an agreement template ready. For platform bookings, you can send it as "confirmation of stay conditions" - the guest signs electronically or confirms by email. For direct bookings - it's an absolute necessity.

Clauses that protect the host

Some clauses in the agreement are particularly important from the perspective of protecting your interests. Here are those worth paying special attention to:

Immediate termination clause

Gives you the right to end a guest's stay immediately in specified situations:

• Violation of quiet hours after a warning
• Exceeding the maximum number of guests
• Smoking in the property
• Throwing parties
• Intentional property damage
• Behavior endangering safety

Important: the clause should clearly state that in case of immediate termination due to guest fault, the stay fee is non-refundable.

Property condition documentation clause

A clause stating that the property's condition is documented with photos before and after each stay, and the guest acknowledges this fact. In case of a damage dispute, you have hard evidence.

Third-party liability clause

The booking person bears responsibility for all guests staying in the property, including visitors. This is a key clause - without it, a guest can claim "it wasn't me who caused the damage, it was my friend who stopped by."

Additional cleaning costs clause

If the property's condition after checkout requires cleaning beyond the standard (e.g., dirty walls, stained bedding, food remnants throughout the apartment), the host has the right to charge the guest for additional cleaning costs. It's worth specifying a concrete rate - e.g., 200 PLN for additional cleaning, 500 PLN for smoke odor removal.

Lost keys clause

Lost keys aren't just about the cost of making a new set. If a guest loses the building entry key, it might mean changing the lock for the entire building. The agreement should clearly specify the cost of lost keys - e.g., 300 PLN for making a new set, up to 2,000 PLN for replacing the building entrance door lock.

Agreement format - paper or electronic?

In 2026, you don't need to print agreements and collect handwritten signatures. Polish law recognizes agreements concluded in electronic form, including:

• Email - sending agreement terms by email and receiving a "I accept" confirmation from the guest is legally binding
• Electronic signature - applications like DocuSign, PandaDoc, or the Polish Autenti allow online agreement signing
• Online form - the guest fills in their details and accepts terms through a form on your website
• Platform message - if you send terms through the platform's messenger and the guest responds "I accept," this can also serve as evidence of agreement conclusion

The key is having proof that the guest accepted the terms. The best forms are electronic signature or email confirmation - they're easier to archive and present in case of a dispute.

Agreement in a foreign language

If you host international guests - and if you're on Airbnb or Booking, you almost certainly do - you should have the agreement in English as well. A few rules:

• The Polish version is binding - this should be stated in the agreement. The English translation serves informational purposes, but in case of discrepancies, the Polish version prevails
• Professional translation - don't use Google Translate for translating the agreement. Errors can make clauses ambiguous or comical
• Bilingual format - the most convenient format is two columns: Polish on the left, English on the right. The guest immediately sees both versions
• House rules language - if the agreement references house rules, the house rules should also be available in English

How long should you keep agreements?

This is a question many hosts skip, but it's important:

• 5 years - minimum retention period for tax reasons (statute of limitations on tax obligations)
• 6 years - statute of limitations for civil claims under the Civil Code (if a guest wants to sue you for damages, they have 6 years)
• Duration of CWTON registration - as long as you're registered, you should have access to documentation

In practice, I recommend keeping agreements for a minimum of 6 years from the stay end date. If you store them electronically (scans, PDFs), they take up no space and are easily accessible when needed.

Frequently Asked Questions

Do I need a written agreement for nightly rental?

Polish law doesn't explicitly require a written agreement for short-term rental - the agreement can theoretically be oral. However, in practice, the absence of a written agreement is a huge risk. You have no evidence of agreed terms, price, or rules. In the context of CWTON and new regulations from May 2026, complete documentation (including agreements) is an element required to maintain registration. My strong recommendation: always have a written agreement, even for a single night.

Does an Airbnb agreement replace my own agreement?

Not fully. Airbnb's terms regulate the guest-platform relationship - payment handling, platform cancellation policies, the review system, and dispute resolution through Airbnb's support center. But they don't regulate your house rules, conditions for using your specific property, guest register data collection, or liability for damages under Polish civil law. Your own agreement is an additional layer of protection that supplements - not replaces - the platform's terms.

What guest data should I include in the agreement?

At minimum: first and last name, home address, identity document number (ID card or passport), and contact details (phone, email). This data serves guest identification, is needed for the guest register required by regulations, and for potential claims. Remember to include a GDPR clause informing the guest about the purpose and method of processing this data. Don't collect data you don't need (e.g., PESEL, driver's license number) - this violates the data minimization principle under GDPR.

Can I have an agreement in English?

Yes, you can - and you should if you host international guests. The best solution is a bilingual agreement (Polish-English) with a clause stating that in case of discrepancies, the Polish version prevails. An agreement exclusively in English is risky - it can be problematic in a Polish court, and you lose the protection that precise formulation in the language of applicable law provides.

How long should I keep signed agreements?

I recommend a minimum of 6 years from the stay end date. This period results from several factors: 5 years is the statute of limitations for tax obligations, 6 years is the statute of limitations for civil claims. If you store agreements electronically (scans, PDF files), archiving is simple and requires no physical space. An additional benefit: in case of a CWTON or tax office inspection, you have complete documentation.

Summary

A short-term rental agreement in 2026 isn't a bureaucratic formality - it's a tool that protects your property, your money, and your peace of mind. New regulations related to CWTON and EU Regulation 2024/1028 raise the bar: the agreement should include the CWTON registration number, a reference to house rules, fire safety information, and GDPR clauses. But even without these requirements, a written agreement is simply sound business practice.

You don't need to write an agreement from scratch. You don't need to pay a lawyer thousands of zlotys to create a template either. The HostReady Package contains 12 ready-made document templates to fill in - including a short-term rental agreement compliant with 2026 regulations, house rules, GDPR clauses, and the complete documentation required for CWTON registration. Check which package fits your needs and prepare for May 20, 2026 stress-free.