Tenant Refunds of Undue Payments in Poland
If, as a tenant in Poland, you notice that the landlord or manager charged you undue payments — e.g. overpaid rent, an excessive security deposit or a fee for services — you have the right to seek a refund. This article explains step by step what evidence to collect, which deadlines apply and what legal options are available to tenants. We explain the difference between an amicable claim and taking the case to court, how to prepare a demand letter for a refund and when to seek legal help. Advice is given in plain language so every tenant can better understand their rights and take concrete action.
What does "undue payments" mean?
Undue payments are amounts collected without a legal basis or in excessive amounts, for example overpaid rent, a fee for a service you did not agree to, or improperly collected security deposit. Legal bases concerning the obligations of the parties and claims can be found in provisions related to tenancy and tenant protection.[1]
What evidence should you collect?
- Receipts and bank transfer confirmations showing the amounts paid.
- The rental agreement, annexes and rules describing payment terms.
- Email or SMS correspondence with the landlord about payments.
- Photos or handover protocols documenting the condition of the premises.
- Bank statements showing charges and refunds.
Steps to obtain a refund
- Check limitation periods for claims and gather evidence.
- Send the landlord a written demand for a refund specifying the amount and deadline.
- Try amicable resolution and negotiation, especially for disputes over repair charges (Repairs and maintenance – tenant/owner obligations).
- If there is no response, file a claim at the district court competent for the rental location.[2]
- After a successful judgment you can pursue enforcement if the defendant does not voluntarily refund the amount.
Frequently Asked Questions
- Can I demand a refund of overpaid rent?
- Yes — if rent was charged improperly or excessively, you can demand a refund with justification and evidence.
- How long do I have to file a claim?
- Limitation periods depend on the type of claim; check the specific provisions and collect evidence as soon as possible.
- Do I need a lawyer to claim a refund?
- Many simple cases can be handled independently, but in complex matters it is advisable to consult a lawyer.
How to
- Collect all payment evidence, agreements and correspondence.
- Prepare a written demand for refund with a payment deadline and send it by registered mail.
- Wait the deadline specified in the demand; document any lack of response.
- If there is no reaction, file a lawsuit in the district court for payment of the undue amount.
- If you win, enforce the judgment through a bailiff if necessary.
Key takeaways
- Act quickly because claims can become time-barred.
- Gather evidence immediately after discovering an overpayment.
- Start with a demand for refund before going to court.
