Notice terminating the current rent (rent increase)

Published byDocMuse

A rent increase for a flat in Poland done the way the law requires: not as a "notice of increase" but as written termination of the current amount of rent, with three months' notice (or longer under the agreement), to the end of a calendar month. The letter states the new rent and the date it applies from, and tells the tenant their rights — which is fair to them and makes the increase easier to defend.

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Common questions

From when does the new rent apply after such a notice?

From the first day after the notice period ends. The notice must be given by the end of a calendar month at the latest, and the three months run from delivery: a letter delivered in September brings in the new rent from 1 January. If the agreement provides a longer period, the longer one applies.

How often can the rent on a flat be raised in Poland?

No more often than every six months — a limit that applies to rent and other charges the owner controls, not to charges outside their control, such as metered utilities. An increase that would take the annual rent above 3% of the flat's replacement value is allowed only in the justified cases set out in the tenants' protection act.

Does the tenant have to accept the rent increase?

No. Within two months of the notice the tenant may refuse it in writing — the tenancy then ends when the notice period runs out — or challenge the increase in court, where the owner must show it is justified. If the tenant does neither, the new rent applies once the notice period has run.