The Eviction Process in Poland

The eviction system in the Republic of Poland is primarily governed by the Act on the Protection of Tenants' Rights, the Municipal Housing Stock and Amending the Civil Code, which entered into force on 10 July 2001. For a "standard lease agreement," the process is highly complicated and extremely "pro-tenant." Throwing a tenant out onto the street (so-called self-eviction involving changing locks or cutting off gas) is illegal and treated as a criminal offense. Even when a contract ends, the landlord must obtain a Court judgment and involve a Polish Court Bailiff.

1. Statutory Grounds for Termination

It is an incredibly difficult to terminate an indefinite-term contract just like that. In Art. 11 of the Tenant Protection Act, the legislator allows the landlord to write a notice of termination (in writing under pain of nullity) only in specific situations, imposing strict, official calendar deadlines (e.g., the duration of the arrears and postal time).

The landlord may terminate the agreement no later than one month in advance, at the end of a calendar month, if:

• Non-payment (Most common option): The tenant is in arrears with the payment of rent or other fees for using the premises for at least three full payment periods (standardly: 3 months of delay according to the Act). Important: Before handing over the final termination of the agreement, the landlord is forced to send a registered and approved notification to "warn the tenant in writing of the intention to terminate, setting a strict additional period of one month to pay past and current arrears." Even the smallest formal error "cancels" the entire claim after a year of torment upon reaching court.
• Owner Occupancy: If the owner intends to live in the premises, the notice period is 6 months if replacement housing (meeting specific standards) is provided (Art. 11 sec. 4). If the owner does NOT provide replacement housing, the notice period is 3 years (Art. 11 sec. 5).
• Devastation and Violating House Rules: The tenant uses the premises with a gross violation of health and safety regulations, brutally abuses the developer installation obliterating traces of deliberate vandalism, or deliberately "cumbersomely violates the house rules," moreover "despite a prior written warning to cease from the owner."
• Illegal Subletting / Airbnb: Renting the premises to 6 construction workers without the Owner's permission if the contract was for two retirees, or advertising the place for sub-leasing (e.g., accommodation platforms).
• Foreign Use: Using the apartment for a motorcycle workshop, etc.

2. Eviction to the Street - "Protection Period"

When the Civil Court finally issues a verdict ("a judgment ordering the squatter to vacate and surrender the premises"), neither the landlord nor anyone else simply steps in to evict. Such an important act falls under the command of the local State Bailiff's Office (Komornik).

A massive and fundamental legal rigor for a foreigner and rental novice in PL is the law blocking "Eviction to the ground". Polish laws (and a ruling of the Constitutional Tribunal) provide massive social protection (The verdict must order the municipality/state authorities to provide a "temporary" apartment/shelter having a roof).

• WINTER: The so-called Protection Period. Under Art. 16, eviction orders cannot be executed between November 1 and March 31 inclusive if the person to be evicted has not been indicated a replacement premises (social or temporary). Exceptions include evictions due to domestic violence or gross violation of order.
• Highly legally protected persons: Polish regulations de facto forbid common courts from simply evicting, among others: pregnant mothers and children with disabilities, sick people to a degree that prevents them from insuring themselves, given their division of economic passivity; these people are pre-ordained (from the Polish Municipality) to receive a social apartment, for which the costs indirectly (in the form of forced waiting and lack of access and loss of electricity fees and investment amortization) are borne for months by the private investor owner (landlord) due to delays.

Occasional Lease (As an escape for investors)

To free oneself from this rigor (especially the winter one), the notarial Occasional Lease (Najem Okazjonalny) was introduced en masse (Art. 19a–19d). Before a notary, the tenant agrees to a Statement of voluntary submission to eviction "only to the stamped, certified alternative own Apartment of aunt X, for example".

If the tenant refuses to vacate after termination or expiration, the landlord must first deliver a formal written demand to vacate (żądanie opróżnienia lokalu) with a deadline of not less than 7 days (Art. 19b sec. 3). Only after this 7-day period expires can the landlord apply to the court for an enforcement clause (klauzula wykonalności). Per Art. 781(1) of the Code of Civil Procedure, the court should recognize the application within 3 days, allowing the bailiff to transport the person to the address listed in the contract without waiting for the Municipality.

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