Heating Failure — Tenant Rights in Poland
A heating failure in a rented flat is a stressful situation for both tenant and landlord. In Poland there are specific rules regarding repairs and urgent interventions [1] — it is important to know your rights and duties to restore heating quickly and avoid conflicts. This article explains when a problem qualifies as urgent, who is responsible for repairs, what steps to take yourself, and how to document the failure. You will find practical advice on notifications, response times, the possibility of deducting costs from rent and the route to court if negotiations fail [2]. You will also learn when to file a case at the district court, how to use official letter templates and how to collect receipts and photos as evidence.
When is a failure urgent?
An urgent case usually means lack of heating during winter, a complete lack of hot water or a leak that threatens the building's safety. If the failure endangers health, property or safety, it requires immediate action from the landlord or manager. In practice, lack of heating at low temperatures is treated as requiring faster response.
Immediate actions
- Report the failure to the landlord or manager (notice) and agree a repair date.
- Secure evidence: take photos, record temperatures and keep invoices for emergency repairs (evidence).
- If there is no response, call the administration or emergency service (call) and note dates and content of conversations.
- If there is a health risk, consider temporarily leaving the property and notifying the authorities (safety).
Landlord and tenant duties
The landlord is usually responsible for the condition of installations and equipment providing heating and for repairs resulting from normal wear. The tenant must report defects without delay and allow service personnel to enter the premises at an agreed time. If the tenant carried out a minor emergency repair with the landlords consent, they may seek reimbursement with proper documentation.
How to proceed
- Notify the landlord or manager in writing and keep a copy of the notice (notice).
- Create documentation: photos, dates, times, invoices for repairs and correspondence (evidence).
- If the landlord does not respond, send a formal demand to repair with a deadline (court).
- If necessary, collect documents for a civil claim and consider a claim for reimbursement or rent reduction (payment).
Frequently Asked Questions
- 1. Can I hire a service myself and deduct the cost from the rent?
- Yes, but only if the landlord refused to intervene and you have proof of your reports and invoices; it is best to inform the landlord in advance of such action.
- 2. How long does the landlord have to repair a heating failure?
- The law does not set a uniform deadline for all situations; in failures endangering health a prompt response is expected, and specific deadlines may come from the lease or building regulations.
- 3. What if the landlord does not respond and I cannot wait for repair?
- Contact building administration, call emergency service and document costs; you can then seek reimbursement from the landlord or file a claim in the district court.
