Who Pays Rent When Moving Out in Poland
If you, as a tenant, move out mid-month, you may have questions about rent settlement, deposit return and responsibility for charges. In Poland the basis is the rental agreement and good practice regarding pro rata settlements. This text explains when a tenant pays full rent, when a partial-period settlement applies, and what evidence to keep to avoid disputes with the landlord. You will also learn which deadlines apply for terminating the agreement and how to prepare a handover protocol to secure your claims. In case of a dispute we explain how to file a claim in the district court or contact free legal advice.
Who bears the costs?
The general rule in Polish tenancy is that parties settle according to the lease agreement, and when the contract does not regulate details, civil law principles and practice apply. Legal bases include the Act on the Protection of Tenants' Rights and relevant provisions of the Civil Code.[1][2]
Lease agreement and arrangements
The most important thing is to check the lease terms: duration, notice procedure and provisions on settlements upon moving out. If the contract provides for a proportional settlement, it applies instead of claims for full rent.
- If the contract states otherwise, parties settle according to those clauses.
- When moving out mid-month, a proportional pro rata settlement is often applied.
How to calculate a pro rata settlement?
A simple method is to count the days the tenant used the apartment in the month, divide the monthly rent by the number of days in that month and multiply by the number of days of use. Example: rent 1200 PLN, month 30 days, you used 15 days → 1200/30*15 = 600 PLN to pay for that month.
- Calculate the number of rental days in the month and days of use.
- Divide the monthly rent by days in the month and multiply by days of use.
- Pay attention to additional charges for utilities or fixed costs.
Documentation and evidence
Preparing a handover protocol with date and signatures and taking photos of the apartment condition are basic steps to protect the tenant's interests. Email correspondence with settlements and transfer confirmations should be archived in case of dispute.
- Prepare a dated and signed handover protocol.
- Take photos of the apartment condition and keep correspondence.
What to do in a dispute
First try to reach agreement with the landlord: send a clear settlement and ask for confirmation. If there is no agreement, you can bring the case to the district court — the civil division handles such claims.[3]
- Send the settlement to the landlord and keep proof of delivery.
- If no agreement is reached, file a claim in the district court for settlement and refund of overpayment.
FAQ
- Does the tenant always pay rent for the whole month?
- No; if the contract or practice provides a proportional settlement, the tenant pays for the actual period of use.
- How to calculate the amount due when moving out mid-month?
- Divide the monthly rent by the number of days in the month and multiply by the number of days the tenant used the apartment.
- What to do if the landlord refuses to refund an overpayment?
- Send a written demand for payment, keep evidence and consider filing a claim in the district court if there is no response.
How to
- Check the lease terms regarding settlements when moving out.
- Calculate the number of days of use and apply the pro rata formula.
- Prepare a handover protocol and collect evidence (photos, receipts).
- Send the settlement to the landlord and keep proof of delivery.
- If no agreement, file a claim in the district court with documentation.
Key takeaways
- Check your lease — it usually determines settlement rules.
- Collect documentation: handover protocol, photos and payment confirmations.
- If you cannot agree, consider court action in the district court.
Help and Support / Resources
- [1] ISAP — Act on the Protection of Tenants' Rights
- [2] Gov.pl — Information and guides for tenants
- [3] Ministry of Justice — Information about courts
