Tenant refunds for rent overpayment in Poland
If you paid more for rent than your contract or law requires, you have the right to demand a refund. This guide for tenants in Poland explains the steps to take: how to gather proof of payment, how to write a refund demand to the landlord and what to do if there is no response. We also describe deadlines, possible costs and when to file a claim in court. We avoid legal jargon and provide practical templates so every tenant understands their rights and can effectively claim what is owed. We also explain how to calculate interest on overpaid amounts and limitation periods so you can act quickly and safely.
What is a rent overpayment?
A rent overpayment occurs when a tenant has paid more than is stipulated by the lease or law. The legal basis and detailed rules regarding landlord obligations and tenant rights can be found in the Act on the Protection of Tenants and civil law provisions.[1]
Keep all rent receipts and proof of payments.
Documents to collect
- Bank transfer confirmations (rent) and proof of payments.
- Lease agreement and annexes (document).
- Receipts or invoices for utility charges (payment).
- Sample refund demand or letter to the landlord (form).
Respond to formal letters within deadlines to avoid losing rights.
What to write in the refund demand
The refund demand should include: party details, exact overpaid amounts, the period concerned, a request for refund with the bank account number and a deadline for reply (e.g. 14 days). Attach copies of payment proofs. Refer to your tenant rights as the legal basis for the demand.
Sample paragraph for the letter
Please refund the overpaid amount of X PLN for the period from [date] to [date]. Attached are copies of payment confirmations. Please transfer the funds to account: [account number] within 14 days of receipt of this letter.
Frequently Asked Questions
- How long do I have to report an overpayment?
- Claims for refund are subject to limitation periods under the Civil Code; deadlines vary by situation, so act promptly and check the specific legal deadline.[2]
- Can I offset the overpayment against future rent?
- Offsetting may be possible in some cases, but unilateral offsets without agreement can cause disputes; it is better to send a refund demand and obtain the landlord's consent.
- Does the landlord have to refund with interest?
- If the overpayment results from an error or unjust enrichment, the tenant usually has the right to claim a refund with statutory interest from the date of payment.
How to do it
- Collect all proof of payments and the lease agreement (evidence).
- Prepare and send a refund demand to the landlord by registered mail or email with delivery confirmation (form).
- Wait the set period (e.g. 14 days) for a reply or complaint (deadline).
- If the landlord does not refund, file a claim at the district court with evidence and a payment demand (court).
- After a court win you can enforce the judgment via bailiff; be mindful of costs and possible interest (payment).
Detailed documentation and clear deadlines increase your chance of a quick refund.
Key takeaways
- Collect proof from the first payment.
- Send a formal refund demand with a set deadline.
- If needed, use the district court to enforce your claim.
Help and support / Resources
- [1] ISAP - Act text on protection of tenants
- [2] GOV.PL - practical information and forms for citizens
- [3] MS.GOV.PL - information about district courts and civil procedure
