Refund of Undue Charges — Tenants in Poland
If you worry that a landlord is demanding a refund of undue charges, this text explains what rights you have as a tenant in Poland and how to respond safely. I describe when a refund claim is justified, what evidence to collect (lease, receipts, correspondence) and what deadlines and procedural steps apply, including filing a case in the district court. I also advise how to send a written objection, when to negotiate, and when to seek legal help. The content is intended for tenants who are not lawyers — clear, practical, and referencing applicable regulations in Poland.
What does "undue charges" mean?
"Undue charges" are any amounts the landlord received without legal basis or due to a mistake — e.g., rent overpayment, incorrect deduction from the security deposit, or reimbursement of costs tenants should not incur. It is important to distinguish between legitimate arrears and administrative errors.
When can a landlord demand a refund?
- If a rent overpayment is detected due to accounting error — the landlord may claim reimbursement of the overpaid amount.
- If there was an erroneous refund or mistaken transfer by the tenant.
- If the security deposit was deducted in a way inconsistent with the contract or law — the landlord should justify the deduction.
A demand for refund does not automatically mean the landlord is correct — always ask for a detailed settlement and legal basis. If in doubt, show payment records and lease provisions. Disputes related to tenancy claims are governed by civil law and tenant protection acts[1].
Evidence and documentation
- The lease agreement and annexes — the primary document confirming payment terms.
- Receipts and transfer confirmations — proof of rent and fee payments.
- Emails, SMS or letters — correspondence with the landlord about settlements.
If the landlord claims a basis for refund, ask for a written explanation with itemized amounts. Without detailed accounting, it is hard to assess the claim's validity.
What to do when the landlord demands a refund
Act calmly and methodically: gather documents, request a written explanation, check limitation periods and consider negotiation or taking the case to court. Send any objection in writing with proof of delivery.
Key takeaways
- Always request a detailed settlement and evidence before paying any refund.
- Keep leases, payment confirmations and correspondence as evidence.
- Consider mediation or a claim in district court if the dispute persists.
FAQ
- Can a landlord demand a refund of overpaid rent?
- Yes, if there is proof of overpayment and the landlord can show the settlement basis; you have the right to request an itemized accounting and the basis for the claim.[1]
- How long do I have to respond to a refund demand?
- There is no single statutory deadline for every case, but responding promptly (within 14 days) helps preserve evidence and avoid escalation; specific deadlines may come from the lease or law.
- Can I deduct the amount from the security deposit instead of paying the landlord?
- Deducting from the deposit is possible only if the lease or law allows it and the deduction is justified and documented.
How to
- Collect all evidence: lease, receipts, transfer confirmations and correspondence.
- Request a written settlement from the landlord and keep proof of delivery.
- If disputed, file a claim in the district court or use mediation; prepare copies of all documents.
Help and support / Resources
- ISAP - Act on the Protection of Tenants
- Gov.pl - Advice for tenants
- Ministry of Justice - legal information
