Rent Overpayment and Refunds - Tenants in Poland
If you, as a tenant in Poland, discover an overpayment of rent, you have specific rights and concrete steps you can take to obtain a refund. This article explains how to calculate the overpayment, how to politely and formally submit a claim to the landlord, what deadlines apply and when it may be appropriate to file a court submission. We also cover the documents you should collect, sample demand letters and options for complaints if the landlord does not respond. The information reflects Polish rental regulations[1] and practical advice for tenants who want to recover money without unnecessary conflict. You will learn when limitation periods run, how to prepare evidence and where to file a case in the district court[2] or seek legal assistance. Read the deadlines carefully and act promptly.
What is a rent overpayment?
A rent overpayment occurs when a tenant has paid more than the amount set out in the lease agreement or the applicable rates. This can result from a transfer error, an outdated rate or incorrect billing of operating costs.
How to calculate and document an overpayment
- Check proof of payments: transfers, receipts, invoices.
- Calculate the difference between the amount paid and the due rent.
- Make copies of the lease agreement and any annexes.
- Record payment dates and deadlines and any adjustments.
How to request a refund
The refund process usually begins with contacting the landlord and sending a formal refund demand. The letter should state the amount, the basis for calculations and a deadline for a response.
- Send a written refund demand by registered mail or by email with delivery confirmation.
- Specify a clear response deadline, e.g. 14 days.
- If there is no response, consider filing a claim in the district court.
- Use free legal help or mediation before taking the case to court.
Practical next steps
In practice, act methodically: calculate amounts, gather documents and send a formal demand. If the case goes to court, prepare a full set of evidence and copies of correspondence.
Key takeaways
- Collect proof of payments and your lease in case of dispute.
- Act quickly — limitation periods may expire.
- If the landlord does not respond, the case can be taken to the district court.
FAQ
- Can I recover an overpaid rent?
- Yes — if you paid more than the lease or applicable rates require, you may demand a refund from the landlord.
- What documents are needed?
- Proofs of payment (transfers, receipts), the lease agreement, billing statements and correspondence with the landlord.
- How long does the refund process take?
- It depends: first an attempt to settle amicably, then district court; from several weeks to several months.
How to
- Check calculations and prepare copies of documents.
- Send a written refund demand to the landlord with a specified response deadline.
- If there is no response, file a claim in the district court.
- Consider mediation or free legal assistance.
