CPI Rent Indexation (GUS) - Tenant Rights in Poland

Rent indexation tied to the CPI (GUS) can affect the monthly rent payment. This text explains what indexation means for a tenant in Poland, when a landlord may change the rent, what evidence to collect and how to proceed step by step to pursue claims against the landlord. It is intended for tenants who are not lawyers and need clear, practical guidance on documentation, deadlines and possible legal paths, including mediation and a case before the district court.

What is rent indexation?

Rent indexation is a mechanism where the rent amount is linked to the inflation index published by GUS (CPI). In practice, this can mean an automatic adjustment of the rent amount according to a contractual clause or after mutual agreement. The legal rules on lease terms and rent changes arise from laws and regulations in force in Poland ^{[1] [2]}.

How to check if an increase is lawful?

Check the lease agreement: whether it contains an indexation clause with a clear reference to CPI (GUS) and the calculation method. If there is no written agreement, rules are set by the Civil Code and case law. Make sure the landlord provided a written notice of the change and a calculation of the basis for the increase ^[2].

Documents to collect

• The lease agreement or confirmation of verbal arrangements.
• Proofs of rent payments: transfers, receipts, invoices.
• Correspondence with the landlord: emails, SMS, notices.
• CPI figures published by GUS for the relevant comparison periods.

Where to file claims and how the procedure works?

If negotiations with the landlord fail, the tenant can send a written claim to the landlord requesting correction or refund of overpayment. If there is no response, it is possible to file a lawsuit in the district court (civil division) or use mediation. In matters related to eviction or enforcement, it is useful to know procedures used by courts and bailiffs ^[3].

How to prepare a claim — practical steps

1. Prepare a written demand to the landlord with an exact calculation of the claimed amount and a deadline for response.
2. Gather copies of the lease, payment confirmations and correspondence as evidence.
3. Consult a legal clinic or tenant advice service before filing a lawsuit.
4. File a claim at the district court competent for the place of the tenancy before the limitation period expires.
5. Monitor procedural deadlines and respond to court summons on time.

FAQ

Can the landlord unilaterally raise rent according to CPI?

Not always; if the contract contains a clear indexation clause, CPI can be applied, but any change must comply with the agreement and provide transparent calculations.

What evidence is key in a dispute over rent overpayment?

Payment confirmations, the lease agreement, correspondence with the landlord and GUS publications regarding CPI.

Where to file a claim if the landlord refuses to refund an overpayment?

A claim is filed at the district court competent for the place of tenancy; prior attempts at mediation or legal advice are recommended.

How-To

1. Send a formal demand to the landlord requesting explanations and refund of overpaid amounts.
2. Collect all evidence and prepare a chronological list of events.
3. Contact a free legal clinic or tenant assistance organization.
4. If no agreement is reached, file a claim in the district court and attach evidence and a request for legal costs.

Key takeaways

• Check the contract indexation clause before accepting higher payments.
• Keep records of payments and correspondence from the start of the tenancy.
• Seek free legal advice before starting court proceedings.

Help and Support

• Law texts and regulations (ISAP)
• Citizen information (gov.pl)
• Court and procedure information (Ministry of Justice)

1. [1] Law on protection of tenants (ISAP)
2. [2] Civil Code (ISAP)
3. [3] Information for tenants (gov.pl)