Commercial Eviction Process in Poland (B2B Law)

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:

1. The tenant must be in arrears for at least two full payment periods (e.g., two months of unpaid rent).
2. 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.
3. 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.

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