Tenant liability insurance in Poland: mandatory?
Tenant liability insurance (OC najemcy) is a policy that can protect a renter from costs of damage caused in a rented flat or to third parties. In Poland many tenants wonder whether such insurance is mandatory and what it covers. This article explains in plain language the basics of tenant liability, when an owner can demand repairs, and what steps to take after an incident. You will find practical tips on documenting damage, contacting the insurer and protecting your rights as a tenant in Poland. The article is aimed at people renting flats who want to avoid unexpected costs and uncertainty. We also explain the difference between tenant liability and the owner’s maintenance obligations, and how to proceed in disputes, claims and possible rent increases.
What is tenant liability insurance?
Tenant liability insurance (OC najemcy) protects against costs for damages the tenant causes in the rented premises or toward third parties. The policy can cover repairs, replacement of equipment and personal injury claims. In practice the scope depends on the insurance contract terms and on the liability set out in the rental agreement and legal provisions.[1]
A tenant's OC does not replace the owner’s obligations regarding the technical condition of the premises.
Is tenant liability insurance mandatory?
In Poland there is no general statute requiring tenants to buy OC najemcy; the obligations of the parties in lease agreements are regulated inter alia by the Civil Code. In practice, however, an owner may require the tenant to hold insurance or a security deposit as part of the rental contract.[2]
Check the lease terms carefully before signing to avoid unexpected requirements.
When is it worth having OC najemcy?
- To cover repair costs that exceed the security deposit (deposit) and personal injury claims.
- To cover costs of repairing installations and fittings after accidental damage (repair).
- To protect against claims related to unintentional privacy breaches or owner rights (entry).
- To simplify claim handling by providing documentation and proof (evidence).
Keep photos and receipts immediately after the event — it will ease the claims process.
How to report a damage?
After discovering damage: secure the area, take photos and note the condition. Inform the owner and — if you have a policy — report the damage to the insurer according to the policy instructions. In correspondence, specify dates and circumstances of the event and attach evidence.
- Collect evidence (evidence): photos, receipts and a description of the event.
- Submit a written claim to the insurer and the landlord (file).
- Maintain polite written contact and keep confirmations of communications (contact).
FAQ
- Can a landlord force me to buy tenant liability insurance?
- A landlord can require such a clause in the lease; then lack of a policy may breach the agreement, but the law does not impose a general mandatory purchase.
- Will tenant liability insurance cover damages caused by my guests?
- It depends on the policy terms; some insurances cover damages caused by persons invited by the tenant.
- What should I do if the landlord demands compensation but I have insurance?
- Inform the landlord about the claim submitted to the insurer and provide documents confirming the claim and the insurer’s decision.
How-To
- Gather evidence (evidence): photos, receipts and a written description.
- File a written claim to the insurer and landlord (file).
- Keep a record of communications and responses (contact).
- If the case goes to court, prepare documents and consider legal assistance (court).
Key takeaways
- OC najemcy is not legally mandatory in Poland but may be required by the lease.
- A policy can help cover repair costs and settlements with the landlord.
- Document incidents and report claims in writing to protect your rights.
Help and Support / Resources
- Contact public offices and citizen guides (gov.pl)
- Legal acts database (ISAP)
- Ministry of Justice – legal information
