Who Pays for Repairs Notice? Tenants in Poland
What to do if you receive a notice to remove defects?
Receiving a notice to remove defects can be worrying, but as a tenant in Poland you have specific rights and obligations. First, determine whether the defect results from normal wear and tear, improper use, or the landlord's neglect. In many situations the landlord is responsible for keeping the premises fit for the agreed use, and the relevant rules can be found in statutes and the Civil Code[1][2]. Document defects with photos and messages, report them in writing and keep copies of correspondence — this improves your chances of a favorable outcome.
Take photos of defects and keep dates of reports and delivery confirmations.
Who usually pays for repairs?
- If the defect results from normal wear or hidden structural faults, the landlord usually bears the repair cost.
- If the tenant damages the premises through improper use, the tenant may be obliged to pay for repairs.
- If the tenant arranges repairs because the landlord fails to act, the tenant can seek reimbursement or deduct the cost from rent after providing evidence.
Do not pay for repairs without the landlord's written consent if you later wish to claim reimbursement.
If the landlord issues a notice to remove defects, check whether a reasonable deadline for completing the works was given. The deadline should suit the type of defect — e.g., lack of heating requires faster action than minor cosmetic issues.
If the deadline is too short, you can ask in writing for an extension and propose an alternative date.
How to make formal claims
- Report the defect to the landlord in writing (email with confirmation or registered letter) with description and photos and request repair within a set deadline.
- Keep evidence: photos, messages, receipts and confirmations — these will be useful in negotiations or court.
- If the landlord does not respond, you can calculate a proportional rent reduction and notify the landlord in writing.
Documentation is the most important evidence in disputes about defects and rent reductions.
Frequently Asked Questions
- Can I arrange repairs myself if the landlord does not respond?
- Yes, but it is best to send a written notice first and set a reasonable deadline; keep receipts and proof of costs incurred.
- When is a rent reduction justified?
- A rent reduction is justified when a defect reduces the usability of the premises; the amount and duration depend on the extent of the limitation and proving the damage.
- Where can I file a claim if the dispute cannot be resolved amicably?
- Tenancy cases are heard by the district court (civil division); before filing, prepare documents and consider legal assistance.
How to
- Notify the landlord in writing and set a reasonable deadline for repair.
- Document the defect with photos, descriptions and correspondence evidence.
- If the landlord does not act, estimate a rent reduction and inform the landlord in writing.
- If a dispute remains, prepare a claim for the district court or use mediation.
Key points
- Keep clear documentation of every defect and every attempt to contact the landlord.
- Know your rights and the timeframes set out in tenancy law and the Civil Code.
