Landlord's notice ending a flat tenancy

Published byDocMuse

Notice ending a Polish residential tenancy with one month's notice to the end of a calendar month, on the grounds in art. 11(2) of the tenants' protection act: arrears after a written warning, use against the agreement despite a warning, subletting without consent. The letter states the reason, because without it the notice is void. An owner wanting to move in relies on a different ground with longer periods, and this is not that document.

Preview

This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.

Common questions

On what grounds can a landlord in Poland end a flat tenancy with one month's notice?

On those in art. 11(2) of the tenants' protection act: the tenant, despite a written warning, uses the flat against the agreement, damages it or grossly breaches the house rules; is behind with payments for at least three full periods despite a written warning giving a month to pay; has sublet or lent the flat without the required consent; or the flat must be vacated because the building is to be demolished or renovated.

Does this notice work when the owner wants to move into the flat?

No. An owner moving in is a separate ground with longer periods: six months if the tenant has somewhere to live or the owner provides substitute accommodation, and three years if not (art. 11(4) and (5) of the tenants' protection act). This document is for termination on grounds that lie with the tenant.

What if the tenant does not move out once the notice runs out?

The landlord may not remove them unaided: changing the locks or cutting off utilities is not allowed and can be a crime (art. 191 § 1a of the Criminal Code). What remains is an eviction claim. The court then examines entitlement to social housing, and evictions are generally not carried out from 1 November to 31 March. That is why an occasional tenancy is worth considering for new lettings.