Commercial Eviction Process in Poland (B2B Law)
Legal procedures for removing a business tenant from commercial premises in Poland: statutory notice requirements, Art. 687 KC grace period, court jurisdiction, and the landlord's statutory pledge under Art. 670 KC.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Evicting a defaulting B2B tenant from commercial premises in Poland (offices, retail units, warehouses) is governed primarily by the Polish Civil Code (Kodeks Cywilny — KC) and the Code of Civil Procedure (KPC), both of which became effective on 1 January 1965. Commercial landlords have stronger contractual tools than in the residential sector, but Polish law strictly prohibits self-help eviction. Any landlord who changes locks, blocks access, or removes a tenant's property without a court order is committing a violation of possession (naruszenie posiadania) under Art. 342 KC and can face a damages claim and reversal of the eviction.
1. Mandatory Statutory Grace Period Before Termination (Art. 687 KC)
A critical and frequently overlooked statutory requirement in Polish commercial leasing is found in Article 687 of the Civil Code. Before a landlord can terminate a commercial lease for rent arrears, the following sequence is mandatory:
- The tenant must be in arrears for at least two full payment periods (e.g., two months of unpaid rent).
- The landlord must serve a separate written notice (registered post is strongly recommended as proof of delivery) granting the tenant one additional calendar month to settle all outstanding arrears.
- Only if the tenant fails to pay within that one-month period may the landlord proceed with formal lease termination.
Skipping this grace-period notice renders any subsequent termination legally invalid. For contractual breaches other than rent arrears (e.g., subletting without consent, using the premises for prohibited purposes), the contractually agreed notice and cure periods apply.
2. Court Jurisdiction: District Court vs. Regional Court
A common error in commercial lease disputes is filing in the wrong court. Under Article 17 of the Code of Civil Procedure (KPC):
- District Court (Sąd Rejonowy): Has jurisdiction where the value of the claim does not exceed 100,000 PLN.
- Regional Court (Sąd Okręgowy): Has jurisdiction where the value of the claim exceeds 100,000 PLN — which is frequent in high-value commercial lease disputes involving unpaid rent, penalties, and damages accumulated over many months.
Filing in the wrong court will result in the case being transferred, causing significant delay. Always calculate the total claim value (unpaid rent + contractual penalties + damages) before filing.
3. Landlord's Security Rights: Statutory Pledge (Art. 670 KC)
Polish law provides a powerful out-of-court security mechanism for landlords dealing with a defaulting commercial tenant: the Statutory Pledge on Tenant's Movable Property (Art. 670 KC).
Key features of the Art. 670 KC pledge:
- The landlord automatically holds a statutory pledge (ustawowe prawo zastawu) on all movable property brought onto the leased premises by the tenant (furniture, equipment, stock, machinery, vehicles in the car park).
- This pledge secures claims for current and overdue rent, as well as compensation for damages to the premises.
- The pledge exists by operation of law — no court order is needed to establish it. It arises automatically upon the tenant bringing property onto the leased premises.
- The landlord may oppose the removal of pledged items from the premises (e.g., prevent a tenant from covertly removing equipment overnight). Any such removal without settling the debt can be reversed by court order.
Important distinction: The Right of Retention (Art. 461 KC) is a separate concept that gives a person holding another's property the right to retain it until their own claims are satisfied. The Statutory Pledge (Art. 670 KC) is specifically the landlord's security right over items brought onto leased premises and is the primary tool in a rental arrears scenario.
4. Accelerating Recovery: The Notarial Enforcement Clause (Art. 777 KPC)
The standard court process for commercial eviction can take 6 to 18 months. Landlords can dramatically shorten this timeline by including a Notarial Enforcement Clause (Art. 777 KPC) in the lease. Under this clause, the tenant voluntarily submits to immediate enforcement before a notary. If the tenant defaults, the landlord can go directly to a judicial bailiff — bypassing the full trial — reducing the enforcement timeline to approximately 2 to 4 months.
This clause must be agreed upon and executed before any default occurs, as part of the original lease agreement or a separate notarial deed.
Return to the Commercial Law Guide Overview.
Frequently Asked Questions
▶What are the key landlord-tenant laws in Poland?
The relationship between landlords and residential tenants in Poland is governed by the Civil Code and the Act on the Protection of Tenants\' Rights. Polish law is highly protective of tenants, making formal compliance essential for property owners. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the legal eviction process for landlords in Poland?
The eviction process in Poland requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in Poland?
Poland has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Poland?
Poland has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Poland?
Lease agreements in Poland must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Poland?
Landlords in Poland are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Poland?
Poland has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Poland?
Landlords in Poland must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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