A Polish parliamentary draft law aims to strengthen landlord protections against non-paying or problematic tenants, potentially ending lengthy eviction processes.
Breakthrough in Regulations: End of Protection for “Cunning Tenants”?
Landlords are poised to gain significant legal tools in disputes with “squatters” or tenants who overstay their welcome. The proposed changes aim to limit the abuse of tenant rights and improve the protection of property ownership.
The draft legislation, submitted by Konfederacja MPs, seeks to simplify eviction procedures, particularly in cases of rent arrears, potentially increasing the supply of rental properties and lowering rental costs.
Landlords’ Powerlessness Today
Current regulations heavily favor tenants, leaving landlords with limited recourse even when facing non-payment or illegal occupation. Landlords are currently unable to take direct action.
No Self-Help Measures Allowed
Currently, landlords cannot unilaterally remove tenants, change locks, or cut off utilities, even in cases of non-payment or unlawful occupancy. Such actions could lead to legal repercussions, including demands for reinstatement or charges of disturbing the peace. The only option is often a lengthy eviction process.
The Trap of Lack of Social Housing
If a municipality lacks available social housing, the eviction process is suspended until a suitable property is found for the tenant. During this period, the landlord continues to bear the costs of maintaining the property, often while also paying a mortgage.
Occasional Lease Agreements: A Failed Solution
Occasional lease agreements, requiring tenants to provide a future address for relocation upon eviction, have proven ineffective. Landlords have encountered issues with tenants providing false addresses or with property owners retracting their consent to house the evicted tenant.
Faster Contract Termination: Just One Month’s Arrears
A key change proposes reducing the required period of rent arrears for contract termination from three months to just one, following a prior written warning. This aims to prevent tenants from deliberately delaying payment to exploit the existing legal protections.
End to Avoiding Service of Process
The draft law addresses the practice of tenants avoiding legal correspondence. It expands the concept of “deemed service,” meaning that correspondence sent to a tenant’s last known address will be considered legally delivered, even if the tenant does not collect it.
Landlord’s Control Restored
The proposed changes simplify the process for landlords seeking to reclaim their property for personal use or for family members. The requirement to provide alternative housing for the tenant would be eliminated, potentially allowing landlords to regain possession within six months.
No More Free Housing for Chronic Debtors
The legislation seeks to differentiate between tenants facing genuine hardship and those deliberately avoiding payment. Courts would be empowered to deny social housing to tenants who intentionally fail to meet their financial obligations.
Ending “Eviction on the Street,” But Not Blocking Recovery
The new rules aim to streamline the actions of bailiffs. If a municipality cannot provide accommodation for an evicted tenant, they may be directed to a facility in a neighboring county within the same province, accelerating the process while still providing some protection against homelessness.
Landlord Can Cut Off Utilities Without Penalty?
The draft law also proposes changes to criminal law, shielding landlords from liability for cutting off utilities to tenants who are in breach of their lease agreements. This aims to remove the burden of maintaining services for non-paying tenants.
Will the New Law Lower Rental Prices?
Supporters of the bill believe the changes will increase the availability of rental properties, potentially leading to lower rental costs. Increased legal certainty is expected to encourage more landlords to enter the market.
The bill received its first reading in the Sejm on April 16, 2026, and its final form may be subject to further amendments. If enacted, these changes would represent a significant shift in the relationship between landlords and tenants in Poland.