Commercial Late Fees & Penalties in Poland

In Polish commercial real estate (B2B), late fees are governed by a combination of the Civil Code and the Act on Counteracting Excessive Delays in Commercial Transactions. Unlike residential leases, commercial parties have significant freedom to contract, but statutory limits still apply to prevent usury.

1. Statutory Interest for Late Payment: If the lease does not specify an interest rate, the statutory interest for commercial transactions applies. This rate is typically the NBP reference rate plus a fixed margin (currently 10 percentage points). This is significantly higher than the standard statutory interest for private individuals.

2. Contractual Penalties (Kara Umowna): Parties can agree on a fixed penalty for non-monetary breaches (e.g., late return of the premises). However, for purely monetary breaches (late rent), the primary remedy is interest, not a "contractual penalty" in the traditional sense, though "administrative fees" for late payment reminders are common.

3. Compensation for Debt Collection Costs: Under the Commercial Transactions Act, the landlord is entitled to a flat fee (40, 70, or 100 EUR depending on the debt size) as compensation for debt collection costs, without having to prove the actual costs incurred.

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