Poles do it all the time and think they have impunity. This is a mistake

In Poland, we are still struggling with a shortage of residential premises. Finding a comfortable apartment at a good price is often a miracle. This is a problem for both larger and smaller cities. Some landlords, although they could rent them to other people, prefer to leave their apartments empty. They do not want potential long-term quarrels with dishonest tenants who avoid paying rent or any form of contact. Sometimes it turns out that the tenants, when signing the contract, are absolutely aware that they will not pay rent, and the landlord cannot do much to them. Yes, it can, but not on its own.

What can’t you do?

Polish law strictly protects tenants, even those who do not pay rent. There are several activities that are illegal and can result in serious consequences for the owner:

1. Arbitrarily evicting a tenant: You do not have the right to evict a tenant on your own, even if they are in arrears with the rent. Eviction can only be carried out by a bailiff on the basis of a court judgment.

2. Cutting Off Utilities: You cannot cut off electricity, gas, water or other utilities to force a tenant to move out. Such actions are illegal and may result in criminal liability.

3. Changing locks: Arbitrarily changing the locks or otherwise preventing a tenant from gaining access to the apartment is illegal.

4. Harassment: You are not allowed to use any actions intended to intimidate or harass the tenant, such as stalking him, making constant calls or making threats.

The tenant does not pay rent. Mediation

First of all, you should start by trying mediation. You should talk to such a tenant-debtor calmly, but firmly. Harassment is prohibited, but recovery is in our interest. The debtor cannot feel that we are unable to do anything to him. He must be aware that sooner or later he will be said goodbye. And that his actions will be stigmatized until the end.

Termination of the lease agreement

If the tenant is in arrears with payments, you can terminate the lease. This procedure differs depending on whether the contract is concluded for a fixed or indefinite period and what the provisions of the contract itself are.

• For an indefinite period: Pursuant to the Act on the Protection of Tenants’ Rights, termination of a lease agreement due to rent arrears requires a written request to the tenant to settle the arrears, giving him at least one month to pay, counting from the date of receipt of the request.

• Fixed-term: In the case of a fixed-term contract, termination is more difficult unless the contract includes clauses allowing termination in the event of non-payment of rent.

It is also worth thinking about concluding an occasional lease agreement in advance. Such an agreement definitely makes eviction easier. The procedure is much simpler than in the case of a traditional lease agreement.

Request for payment

Before you decide to take further legal action, send a formal request for payment. It must be a written letter in which you indicate the amount of the arrears, the payment deadline and possible consequences if the tenant does not settle the debt.

Eviction of a tenant. Court proceedings

If the tenant still does not pay and does not leave the apartment after the deadline for terminating the contract, the next step is to file an eviction lawsuit. Eviction is a court process and only the court has the right to order the tenant to leave the apartment.

• After obtaining a court judgment for eviction, you will need to obtain an enforcement clause, and then you can commission a bailiff to carry out the eviction.

• The bailiff may carry out an eviction, but only in accordance with the law, which requires that the tenant be provided with alternative accommodation if he or she is entitled to it (e.g. if he or she is covered by tenant protection).

Importantly, under Polish law, evictions cannot be carried out in the period from November 1 to March 31 if the tenant is not provided with alternative accommodation. The exception are cases where the evicted person is not covered by protection, e.g. when he occupies the premises without legal title or is the perpetrator of domestic violence.

Tenant’s debt

At the same time, you can also file a lawsuit for rent arrears. You can pursue your financial claims in separate civil proceedings. The court may then order the tenant to pay the rent arrears, and in the event of failure to pay, the case will be brought to the attention of the bailiff.