Demand for unpaid rent with warning of termination

Published byDocMuse

The letter without which a landlord in Poland cannot end a flat tenancy for arrears: it lists the unpaid periods and the amount, warns of the intention to terminate, and sets an additional deadline of at least a month to pay both arrears and current charges, as art. 11(2)(2) of the tenants' protection act requires. Notice given without this warning is defective.

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Common questions

When can a landlord in Poland end a tenancy for unpaid rent?

When the tenant is behind with rent or other charges for at least three full payment periods, and the landlord has first warned them in writing of the intention to terminate and set an additional month to pay arrears and current charges (art. 11(2)(2) of the tenants' protection act). This letter is that warning.

How long must the payment deadline in the warning be?

At least a month, counted from when the tenant receives the letter. A shorter deadline does not meet the statute, and a termination based on such a warning can be successfully challenged in court. It is safer to set the date with a margin and send the letter by registered post with proof of delivery, so the delivery date can be proved.

What if the tenant pays only part of the arrears by the deadline?

Termination on this ground is possible if, once the deadline has passed, the arrears still cover at least three full payment periods. A part payment that brings them below that threshold usually takes the ground away. The rest can then be claimed in court with interest, and a fresh warning sent if arrears build up again.