Rent Reduction Claim in Poland
If you are a tenant in Poland and believe the rent is excessive or the condition of the property has significantly worsened, you may consider filing a rent reduction claim. This guide explains step by step which grounds justify a reduction, what evidence to collect, and how to prepare the claim and court documents. We also suggest how to assess costs and timelines and when to seek legal help. The legal basis is regulated by the Act on the Protection of Tenants and the Civil Code[1][2], so thorough documentation of correspondence, photos and invoices can be decisive for the outcome. The advice is tailored to tenants in Poland.
When can you request a rent reduction?
The most common grounds for requesting a rent reduction are deterioration of the technical condition of the apartment, failure of the landlord to carry out necessary repairs, or imposition of additional charges not provided for in the lease. The court assesses the degree to which the use of the apartment has been reduced and the impact on the rent value.
- Major defects affecting use: lack of heating, flooding, serious failures of installations.
- Landlord's failure to respond to reports and lack of evidence of timely repairs.
- Unfair or unlawful lease clauses and landlord practices.
Documentation and a detailed description of defects help the court assess the reduction requested.
How to prepare the claim
Preparing the claim requires collecting documents, describing the factual situation and specifying the requested rent reduction amount. In the claim indicate dates of defect reports, attach evidence and describe how the apartment's use was limited.
- Written evidence: correspondence with the landlord, reports, invoices for repairs paid by the tenant.
- Visual evidence: photos and recordings showing damage or lack of repairs.
- Deadlines: calculate the periods during which the problem affected the use of the apartment.
Collect evidence: photos, correspondence and invoices.
If you are unsure how to phrase the request or which attachments to include, consult a tenant legal clinic or a lawyer specializing in tenancy matters.
Frequently Asked Questions
- What evidence is most important in a rent reduction case?
- The most important are photos and correspondence with the landlord, invoices for repairs and any expert reports.
- Can I file a claim myself to the district court?
- Yes, most cases are heard by the District Court (Civil Division); you can file the claim yourself or with a representative.
- How long does a court proceeding for rent reduction take?
- It depends on the case and court workload, but proceedings often take several months from filing to resolution.
How to
- Gather evidence: photos, correspondence, invoices and reports.
- Prepare the claim describing the factual situation and attaching evidence.
- Specify the period for which you request a reduction and calculate the proposed amount.
- Consult the claim with a legal clinic or lawyer if in doubt.
- File the claim at the district court competent for the location of the premises.
- Prepare for the hearing: have copies of documents and witnesses ready to testify.
Respond to court letters within deadlines to avoid losing procedural rights.
Help and Support / Resources
- [1] ISAP: Act on the Protection of Tenants
- [2] ISAP: Civil Code
- Official information for citizens (gov.pl)
