Tenant court settlement in Poland
As a tenant in Poland you may be offered a court settlement instead of a lengthy court case. This text explains what a settlement is, which steps must be taken, which deadlines apply and how enforcement works in practice. I outline the rights and duties of both tenant and landlord, how to document agreements, which forms and notices are needed and when it is worth turning to the District Court. If you are worried about eviction, repair disputes or deposit deductions, you will find practical tips and steps to take, described in plain language and with reference to applicable laws in Poland. I add examples of deadlines, explain how to report breaches of housing standards and when to seek legal assistance or mediation.
What is a court settlement?
A court settlement is an agreement between parties approved by the court that ends the proceedings and can be enforced like a judgment. In practice the settlement sets out the parties' obligations, payment deadlines or repair tasks and can prevent a longer lawsuit.[1]
When to consider a settlement?
A settlement is often sensible when parties want to end a dispute quickly, avoid litigation costs or agree a schedule of repairs and payments. Back the decision with documentation and clear performance deadlines.
- When the dispute concerns rent arrears and you want to set a repayment schedule.
- When parties want to record the scope of repairs or renovations to be done by the landlord or tenant.
- When there is a risk of lengthy proceedings or court costs.
Deadlines and settlement procedure
The procedure begins by submitting a settlement proposal in writing or during a hearing; the court may approve its content and give it enforceable effect. After approval, parties may perform obligations voluntarily, and if one party fails, enforcement can be initiated on the basis of an enforcement clause.[2]
How to enforce a settlement?
If the other party does not perform the settlement, you can apply to the court for an enforcement clause (if not already present) and refer the matter to a bailiff. In practice enforcement follows the rules set out in the Code of Civil Procedure.[3]
- Gather evidence of performance or non-performance of the settlement, e.g. invoices, repair reports and correspondence.
- Check whether the settlement has an enforcement clause granted by the court.
- If missing, file an application to the court to grant the clause.
- After the clause is granted, submit the case to a bailiff for enforcement of outstanding amounts or specific actions.
Documentation and evidence
Documentation is essential: the lease, handover protocols, photos of damage, repair invoices and court papers. Organized evidence speeds up enforcement and helps in court.
Frequently Asked Questions
- Does a court settlement protect a tenant from eviction?
- A settlement can include conditions preventing immediate eviction if parties agree on a repayment plan or performance of obligations; it depends on the agreement's contents.
- What to do if the landlord does not comply with the settlement?
- Collect evidence and apply for an enforcement clause, then file a request with the bailiff for compulsory enforcement.
- Which deadlines apply when reporting repair breaches?
- You should promptly notify the landlord in writing, document the lack of response and keep copies of correspondence before taking the matter to court.
How to proceed
- Prepare documents: the lease, photos, invoices and letters proving your claims.
- Present a settlement proposal to the other party in writing or during mediation.
- If the case goes to court, propose the settlement at the hearing and request its approval.
- After approval, check for an enforcement clause and, if needed, apply to the court to grant it.
- If not performed, submit the case to the bailiff with full evidence.
Key takeaways
- A court settlement can protect tenant interests if terms are clear and evidenced.
- Document everything: photos, invoices and correspondence.
- If problems persist, seek an enforcement clause and refer the case to a bailiff.
