Polish property owners find themselves at a disadvantage when tenants stop paying rent, as current laws favor occupants despite non-payment.
Why the Law Has “Bound Hands”
Although the situation seems clear—an apartment belongs to the owner—regulations are structured so that the tenant is the stronger party. Even when the tenant doesn’t pay rent or utility charges, attempts by the owner to solve the problem, such as changing locks or cutting electricity, may lead to legal liability for the owner.
The Path of Suffering: What Does an Eviction Look Like?
Even with a final eviction ruling, recovering the property is a lengthy process. The owner becomes a hostage to the regulations under Article 344 of the Civil Code, which states that any unauthorized interference by the landlord in the tenant’s possession of the premises (regardless of payment arrears) may result in a demand to restore the previous situation.
Is Occasional Rental the Perfect Solution?
Occasional rental was supposed to address problems owners face with dishonest tenants. While it does shorten procedures—eliminating the need for a lengthy court process—it can be unreliable in practice. The tenant must provide an address they will move to, and the owner of that property must give consent. The catch? Often, it’s an address “on paper.” When it comes down to it, the tenant’s specified property doesn’t meet requirements or the owner withdraws consent. Then the process returns to square one, and the owner is once again dependent on the municipality for housing.
Laws Need to Change: A Balance Between Owner and Tenant Rights Is Necessary
Current regulations require urgent amendment. It’s not about depriving tenants of security but about restoring balance. This primarily involves:
For Now, Property Owners Must Exercise Caution
Until the law changes, property owners must exercise particular caution when verifying tenants. This issue has interested the Ombudsman for Citizens’ Rights. At this moment, however, nothing indicates that regulations will change in the near future.
