Demand to the landlord to repair defects in a flat

Published byDocMuse

A tenant's letter in Poland reporting defects the landlord is responsible for — failed heating, a leak, a broken boiler — setting a deadline for the repair and asking for a rent reduction while the defects last. The deadline is what later allows the tenant to have the repair done at the landlord's expense (art. 663 of the Civil Code); the notice also opens the way to ending the tenancy if the defects cannot be fixed.

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Common questions

Which repairs in a rented flat are the landlord's in Poland?

All except the minor outlays that come with ordinary use. The tenant handles small repairs to floors, doors and windows, painting walls and small repairs to installations (art. 681 of the Civil Code); a failed boiler, a burst pipe or a leaking roof fall on the landlord, unless the tenant or people the tenant answers for caused the damage.

Can the tenant fix the fault and charge the landlord for it?

Yes, but only after giving the landlord a reasonable deadline for the repair. Once it has passed without result, the tenant may carry out the necessary repairs at the landlord's expense (art. 663 of the Civil Code). Keep the invoices, photos from before and after, and a copy of this letter with proof of delivery.

When can a tenant ask for lower rent because of defects?

When the defects reduce the flat's usefulness for its agreed purpose — the reduction is for as long as they last (art. 664 § 1 of the Civil Code). When they make the flat unusable and the landlord does not remove them despite being notified, the tenant may end the tenancy without notice (art. 664 § 2), and when they endanger health, in any case (art. 682).