Tenant rights for rent adjustment after upgrades in Poland
If you are a tenant in Poland and the owner plans modernization, you may receive a proposal to adjust the rent. This text explains what rights you have as a tenant, how to assess the legitimacy of an increase, which documents to collect and when it is worth negotiating or filing a complaint. I also describe practical steps: how to request written explanations, what evidence to prepare and where to seek help in Poland. The material is aimed at people without legal experience, so you will find simple instructions and tips to help protect your interests when rent changes after modernization.
What does rent adjustment mean?
Rent adjustment is a correction of the rental amount that the owner may propose after completing modernization that improves the standard of the premises. In practice, it means the owner may try to pass part of the investment costs to tenants, but must justify it and present it in writing. Legal bases regulate the owner's information obligations and tenant protection.[1]
How can modernization affect rent?
Modernization that improves comfort or functionality (e.g., replacement of installations, insulation, window replacement) may be grounds for increasing rent. However, the increase must be proportional to the real value of the improvements and presented transparently. The owner cannot arbitrarily impose surcharges without justification and documentation. If the modernization worsens the condition of the premises, you also have the right to demand repairs instead of surcharges.[2]
Main principles and tenant rights
- Written notification (notice): the owner should justify the change and provide it in writing.
- Amount of surcharge (rent): every amount should be given numerically and based on actual costs or savings.
- Documentation (evidence): collect photos, emails, invoices and protocols related to the works.
- Disputes to court (court): if there is no agreement, the civil court may resolve the matter.
- Response deadlines (deadline): check the received letter to see how much time you have to reply or object.
- Repairs and standard (repair): if the modernization worsened the condition, you have the right to demand repairs.
Frequently Asked Questions
- Can the owner raise the rent after modernization?
- The owner can propose an increase if the modernization raises the value of the premises, but they must justify it and present documents supporting the costs.
- How can I challenge the increase?
- Collect documents, send the owner a written objection requesting explanations, propose negotiations, and if that fails, consider court action or mediation.
- How much time do I have to respond?
- Deadlines depend on the content of the received letter; respond as soon as possible and keep proof of delivery.
How to proceed
- Gather evidence (evidence): photos, correspondence and invoices related to the modernization.
- Request a written explanation (notice) from the owner with a breakdown of costs.
- Negotiate: propose alternatives such as spreading payments over time or a reduction in exchange for permanent improvements.
- If negotiations fail, file a lawsuit in civil court (court) or use mediation.
- If the condition of the premises worsened, demand repairs instead of paying a higher rate (repair).
Key takeaways
- Collect documents and correspondence from the start of the modernization.
- React quickly to the owner's letters to preserve your rights.
- Negotiation often resolves disputes faster than court proceedings.
Help and support
- Guidance and tenant information on gov.pl
- Text of the Act on the Protection of Tenants on ISAP
- Information on court procedures on ms.gov.pl
