Late Rent, Interest, and Penalties: Statutory Limits in Poland

In Poland, the protection of residential tenants—governed primarily by the Act on Tenant Protection (effective 10 July 2001)—includes a strict ban on "usurious" late fees. Landlords cannot invent fixed penalty amounts for late rent (e.g., "50 PLN for every day late"). Instead, they are restricted to charging Statutory Interest for Delay as defined by the Civil Code (Kodeks Cywilny) (effective 1 January 1965).

1. Statutory Interest for Delay (Odsetki Ustawowe)

If the rent is not paid by the due date specified in the lease, the landlord is entitled to interest from the very next day (Art. 481 § 1).

• The Rate: The statutory rate is calculated as the NBP Reference Rate + 5.5 percentage points. As of 2026, this rate remains 11.25% per annum.
• Contractual Maximum: You can agree on a higher interest rate in the lease, but it cannot exceed the Maximum Interest for Delay, which is double the statutory rate (currently 22.5%). Any clause exceeding this cap is automatically reduced to the maximum allowed by law.

2. Fixed Penalties and Usury

In residential tenancies, contractual penalties (kary umowne) for late payment of monetary obligations (like rent) are strictly forbidden under Polish law.

• Void Clauses: A clause stating "The tenant shall pay 200 PLN for every week the rent is late" is legally invalid.
• Interest Only: For late rent, the only permissible financial sanction is the percentage-based interest for delay.

3. Reminder and Collection Costs

While the landlord can charge for the costs of sending reminders (monity), these must reflect actual, reasonable costs.

• Consumer Protection: Charging 100 PLN for a single SMS reminder is considered an "abusive clause" (klauzula niedozwolona) by UOKiK (The Office of Competition and Consumer Protection).
• Market Practice: Standard reminder fees are typically in the range of 20–50 PLN per formal letter sent via registered mail.

4. Damages for Non-Contractual Usage (Odszkodowanie)

A different set of rules applies if the lease has been terminated or expired, but the tenant refuses to move out (a "squatter" situation).

• Art. 18 of the Tenant Protection Act: In this case, the landlord is entitled to monthly damages for non-contractual usage.
• Market Rate: The amount of these damages should correspond to the rent the landlord could obtain on the open market. If the old contract rent was below market value, the damages can be significantly higher than the previous rent.

Best Practices for Landlords

1. Automate Interest Tracking: Landager automatically calculates the exact statutory interest based on the current NBP rates, ensuring your claims are legally airtight for court or bailiff proceedings.
2. Follow the Termination Path: Since you cannot use high penalties to force a tenant out, focus on the formal termination process (1-month notice after 3 full months of arrears) to initiate eviction as soon as legally possible.
3. Use Professional Reminders: Our platform generates formal reminders that include the necessary legal warnings and accurate interest calculations, meeting the evidentiary standards required by Polish District Courts (Sąd Rejonowy).

Back to Poland Landlord-Tenant Law OverviewPreview unavailable.