Refund of Undue Payments for Tenants in Poland

Repairs & maintenance – tenant/landlord duties 2 min read · published September 11, 2025
If you paid or received payments that turned out to be undue, you have the right to demand a refund. This article explains the steps a tenant in Poland should take: how to determine that a payment was undue, what deadlines apply, what evidence to collect and how to practically send a demand to the landlord or court. We simplify the procedure, show sample letters and advise when to seek legal help. The content is intended for tenants without legal training and aims to help avoid common mistakes and protect interests in disputes over recovering money.

What does "undue payment" mean?

If an amount or service was collected without legal basis or due to a mistake, it is an undue payment. Examples include rent overpayments, returning a security deposit without basis, or charging for a service not performed. Legal bases and definitions are found in rental-related provisions and the duties of the parties.[1]

In most cases tenants have the right to a refund of undue amounts.

When and how to demand a refund

Before sending a demand, check limitation periods and the legal basis of the claim. Start by gathering documents and sending a formal demand for refund.

  • Collect evidence: transfer confirmations, receipts, handover protocols and correspondence.
  • Send a written demand for refund with a specified response deadline (e.g. 14 days).
  • If the landlord does not respond, prepare a civil claim for recovery and file it in the district court.[2]
Always send demands by registered mail with proof of delivery.

Deadlines and limitation periods

Limitation of claims for undue payments depends on the type of claim and may be several years; therefore act promptly.

  • Demand response: suggested reply period 14 days.
  • Limitation of property claims: check the Civil Code provisions.

Where to bring a claim

Claims for repayment are usually brought in civil proceedings before the district court competent for the defendant's place of residence. In some situations you can use mediation or apply to the court for provisional measures.[3]

Frequently Asked Questions

Can I demand a refund of overpaid rent?
Yes, if you document the overpayment and send the landlord a demand for refund.
What documents will be required?
Transfer confirmations, the lease agreement, handover protocols and correspondence with the landlord.
How long does a court case take?
The time depends on the court and complexity of the case, but be prepared for several months or longer.

How to proceed

  1. Gather all proof of payments and correspondence.
  2. Send a written demand for refund with a response deadline.
  3. If there is no response, file a claim in the district court.
  4. Consider mediation or legal advice before starting proceedings.

Key takeaways

  • Collect evidence before sending a demand.
  • Send a formal demand with a clear deadline for refund.
  • If necessary, pursue the claim in the district court.

Help and support

  1. [1] Act of 21 June 2001 on the protection of tenants' rights
  2. [2] Civil Code
  3. [3] Information about courts - Ministry of Justice

Categories

Tenant Rights Act – tenant rights Fixed-term vs open-ended tenancy – differences Security deposit – refund, deductions, limits Rent – increases, CPI indexation, reductions Utilities & charges – settlements, waste, meters Repairs & maintenance – tenant/landlord duties Works and right of entry Tenant termination – notice & form Landlord termination, arrears & eviction Check-in/out protocol, keys & handover Heating & hot water – underheating, failures Defects: damp, mould, unfit conditions Nuisance & neighbours – noise, quiet hours Pets in rentals – rules Subletting & short-term lets (Airbnb) Occasional & institutional lease – differences Shared tenancies & room rentals Damage & liability (deductions/insurance) Offences & liability – electricity theft etc. Municipal & social housing – rules Housing & energy allowances Disability & reasonable adjustments (access) Landlord access & viewings Rent clauses & indexation (CPI/GUS) Templates – tenant termination letters GDPR: data protection & tenant documents Mediation & dispute resolution
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Poland

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

Related Articles