Excessive Rent — Tenant Advice in Poland
If you are a tenant in Poland and suspect you are paying excessive rent, this article will help you understand your rights and the steps you can take. I explain when rent may be considered excessive, what evidence to collect, how to speak with the landlord and when it may be appropriate to take the case to court. You will find practical tips on documenting payments, sample letters and information about institutions that can assist. The article uses plain language for tenants who are not lawyers and refers to rules applicable in Poland.
What does "excessive rent" mean?
The term refers to a situation where a landlord demands a significantly higher payment than the market rate for a similar apartment in the area, without justification such as renovation costs or improvements. The assessment considers the contract, location and comparable offers; in Poland these matters are governed by the Act on the Protection of Tenants.[1]
How to collect evidence
The stronger the evidence, the better the tenant's position. Collect all documents and note dates.
- Receipts and payment confirmations (receipt, evidence) — bills and bank transfers.
- Correspondence with the landlord (notice) — emails, SMS, demands and the lease agreement.
- Photos and comparison listings (evidence) — offers for similar apartments.
- Deadlines and dates (deadline) — when the increase occurred and whether the landlord gave proper notice.
Negotiation and requests to reduce rent
Before going to court, send a formal request to reduce the rent and try to negotiate. The Civil Code regulates the obligations of the parties to the lease and possibilities for changing contract terms.[2]
- Send a written request (notice) proposing a reduction and a deadline for response.
- Propose mediation or negotiation (contact) — many disputes can be settled without litigation.
- If negotiations fail, consider taking the case to court (court) and pursuing claims.
When to file a claim
File a claim when the landlord refuses to reduce the rent despite evidence, or when charges are inconsistent with the lease. Tenancy disputes are usually heard by the district court, civil division.[3]
Evidence and sample complaint
In the complaint describe the facts, attach evidence and indicate the legal basis for your claim. Include a list of documents and a statement of the amount sought or the requested rent reduction.
Frequently Asked Questions
- Can I request a rent reduction?
- Yes — if you have evidence that the rent is excessive compared to market levels, you can request a reduction and take the matter to court.
- What evidence is most important?
- Payment confirmations, correspondence with the landlord and comparisons of similar offers.
- Can I withhold rent?
- Withholding rent without legal grounds is risky; it is better to send a formal request and consult a lawyer or tenant organization.
How to
- Gather evidence (evidence): receipts, transfers, comparison offers.
- Send a formal request (file) to the landlord asking for a reduction.
- Try mediation or seek help from a tenant organization (contact).
- If necessary, file a claim in the district court (court) and attach the collected documentation.
- After a judgment, ensure its enforcement or execution if the landlord does not comply.
Help and support
- [1] Act of 21 June 2001 on the Protection of Tenants — ISAP
- [2] Civil Code — ISAP
- [3] Ministry of Justice — gov.pl
