Tenant Rights: Refund of Improper Charges in Poland
As a tenant in Poland you may sometimes discover that your landlord charged you fees that were not due — rent overpayments, charges for services not performed, or an incorrectly withheld deposit. This text explains what rights you have, what evidence to gather, how to calculate deadlines and which steps to take first out of court and when to bring the case to court. The guide uses simple language to help you decide whether it is worth demanding a refund, how to prepare the demand and which forms or arguments will be needed. You will also find practical tips on documentation and contacts for official legal sources in Poland.[2]
What does refund of improperly charged payments mean?
It refers to situations when you were charged a fee or payment without legal basis or in excess. This may be a rent overpayment, a charge for utilities that were not provided, or unjustified deductions from the deposit.
When can you demand a refund?
- Overpayment of rent or advance payments for utilities.
- Charges for services that were not performed.
- Incorrect deductions from the deposit.
How to document the claim?
- Keep the lease agreement, receipts and invoices.
- Take photos or recordings showing the lack of performed services.
- Keep a record of payments and correspondence with the landlord.
Deadlines and limitation periods
Claims related to refunds may be subject to limitation periods. Check the relevant statutes and count deadlines from the day you learned of the basis for the refund.[1]
Legal and out-of-court route
First try out-of-court solutions: sending a demand for payment, mediation or a complaint to local authorities. If this fails, you can file a lawsuit in the district court.[1]
- Send a written demand for refund with a clear payment deadline.
- Prepare a claim for the district court (civil division) with evidence and invoices.
- Attach copies of the lease, payment confirmations and correspondence.
- Be attentive to limitation and service deadlines.
Frequently Asked Questions
- Can I demand a refund of improperly charged fees on my own?
- Yes. A tenant can send a written demand for refund and, if that fails, bring a claim to court.
- How long are limitation periods counted?
- Limitation periods depend on the type of claim; it is worth checking the statutes or consulting a legal guide.[1]
- What if the landlord does not return the deposit?
- You can pursue return of the deposit in court by presenting evidence of the apartments condition and the lease agreement.
How to
- Contact the landlord and ask for an explanation and accounting evidence.
- Gather the lease, invoices and proof of payments.
- Send a written demand for refund specifying a term, e.g. 14 days.
- Consider mediation or a complaint to the municipal office or tenants advocate.
- If there is no response, file a claim in the district court.
- Enforce the court decision after it is issued, using enforcement if necessary.
Key takeaways
- Collect evidence from day one of the dispute.
- Send a written demand before going to court.
- Tenant disputes are usually heard by the district court (civil division).
