Author: Michał Krawczyński
Overview
In Poland, owning a property may be both lucrative and difficult at times. Dealing with tenants that won't leave the property or refuse to pay rent is one of the worst difficulties. Polish tenancy laws tend to favor renters, therefore landlords need to be proactive and organised. Fortunately, by employing legal strategies, landlords may protect their rights and avoid unnecessary problems. Landlords are required to follow the guideline when evicting tenants since it forbids evicting renters from their houses without a valid reason. However, landlords have rights as well, particularly in cases where tenants don't fulfill their half of the agreement. Understand the legal system so your actions stay within the law and to prevent expensive errors.
Why is the Solid Lease Agreement important
A strong lease agreement is your first line of defense. A detailed description of the rental terms, payment schedule, late fees, and eviction procedures should all be included in this contract. It's also a good idea to include a clause outlining what would happen if the renter moved out or stopped paying. Additionally, signing the contract in front of a notary public may give it more legal weight in the event of a dispute.
How to Handle a Tenant Who Stops Making Rent Payments
Don't hesitate to act if a tenant ceases to make payments. Sending a formal payment reminder via email or registered letter is the first step. Temporary financial difficulties might cause tenants to fall behind, but having a discussion early on can help find a solution. The next step is to make an official demand for payment (wezwanie do zapłaty) if the tenant disregards your request. A payment deadline and a warning of additional legal action should the matter not be resolved should be included in this document.
Navigating the Eviction Process
Evicting a tenant in Poland is not easy. Even when you have a court eviction order, the process may take months. The tenant must be given notice to leave after the court authorizes the eviction. Only a court bailiff (komornik) has the authority to physically remove them if they refuse. However, be advised that the process may be delayed by special tenant protections and winter eviction bans. It’s frustrating, but following the proper steps ensures you don’t get into legal trouble yourself.
Paying for Overdue Rent with the Security Deposit
A security deposit serves as a safety net for your finances. Landlords may utilize the deposit to compensate for damages if a tenant defaults on rent. Deductions, however, need to be supported by evidence. Maintain records of all payments, correspondence, and damages with the tenant. If the deposit is not enough to cover the balance, you may need to take further legal action to compensate.
Mediation as a Quicker Alternative
Legal matters can last for months. For this reason, a lot of landlords use mediation. It is frequently used in Poland to settle disputes over rentals. Through the process, a solution can be negotiated by both parties. Before an eviction case proceeds, courts frequently encourage mediation, so it's something to think about.
How to Prevent Tenant Problems
Avoiding tenant issues is the simplest way to handle them. You can prevent problems later by running background checks on possible renters. To make sure you get a trustworthy tenant, ask for rental history, proof of income, and references from prior landlords. Additionally, small issues can be prevented from growing into larger ones by maintaining open lines of contact with tenants. If things get complicated, hiring a real estate lawyer may be your best bet
What If a Tenant Refuses to Vacate
Some people refuse to leave even if the court orders them to. In these cases, a court bailiff is required to enforce the eviction. However, if the tenant is classified as vulnerable (such as a family with young children or an elderly person), authorities may require the local government to provide alternative housing before eviction can take place. This can delay things by months, so landlords should be aware that the process might take longer than expected.
Conclusion
While being a landlord in Poland, it is very important to have a right legal strategy. By putting in place a strong lease agreement, immediately collecting rent, and considering mediation, landlords may protect their interests. In more difficult cases, hiring a real estate lawyer ensures that the proper legal steps are followed. By staying informed and proactive, landlords can minimize risks and safeguard their rental income.
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