Tenant rights in Poland: notice, deposit and rent increases

The legal basis: which laws protect tenants

Residential leases in Poland are governed mainly by two acts. The first is the Act of 21 June 2001 on the protection of tenants' rights (ustawa o ochronie praw lokatorów, u.o.p.l.). It contains the core protections: deposit limits, rent increase rules and a closed list of reasons a landlord may use to terminate. The second is the Civil Code (Kodeks cywilny, k.c.), which covers leases in general: duties of both parties, notice periods, subletting and liability of household members.

Simplified: the u.o.p.l. is the special law and, where it regulates something, it takes priority over the Civil Code. Where it is silent, the Civil Code and the lease apply. Many u.o.p.l. rules cannot be worsened for the tenant by contract, while the lease can often give the tenant more (e.g. a longer notice period).

• Standard lease (the most common case): full u.o.p.l. protection plus the Civil Code.
• Occasional lease (najem okazjonalny), art. 19a-19e u.o.p.l.: a private landlord, fixed term up to 10 years, deposit up to 6 times the rent, and the tenant's notarial statement submitting to enforcement. Some protective rules (including on termination) work differently and eviction is much simpler. See our guide to the occasional lease.
• Institutional lease (najem instytucjonalny), art. 19f-19s u.o.p.l.: a similar mechanism for companies whose business is renting.

Before relying on any rule, check which type of lease you have. The word „okazjonalny” in the title and a notarial annex change a lot. General lease rules are covered in our lease agreement guide.

Deposit: how much and when it must come back

The deposit is governed by art. 6 u.o.p.l. It secures what the landlord may be owed under the lease, such as unpaid rent, utilities or the cost of repairing damage. It is not a fee and is not forfeited automatically.

• Limit: at most 12 times the monthly rent; 6 times for an occasional lease. In practice, deposits on the open market are usually 1-2 months' rent (indicative, 2026).
• Return: within one month of vacating the flat (opróżnienie lokalu), i.e. moving out and handing back the keys, not from the end date on paper.
• Deductions: the landlord may deduct what is owed under the lease: unpaid rent, utility settlements, the cost of damage beyond normal wear.
• Normal wear and tear (from proper use, e.g. slightly worn floors or faded walls after a few years) is not damage and does not justify a deduction.

The act also mentions valorisation of the deposit on return, but this is interpreted in different ways and in practice the nominal amount is often returned. If a large sum is at stake, check the current law or ask a lawyer.

Evidence is the best protection. On moving in and out, sign a handover protocol (protokół zdawczo-odbiorczy) with meter readings, an inventory and dated photos. Without it, a dispute over a scratch is your word against theirs. More in our handover protocol guide; deposit and move-in costs can be worked out in our calculators.

A separate „pet deposit” is not a legal category. Any such amount is part of the deposit, and the total must stay within the 12x limit (6x for an occasional lease).

Rent increases: what the landlord must do

Rent increases are governed by art. 8a u.o.p.l. Simplified: the landlord does not simply announce a new rate, but gives notice terminating the current amount of rent (or other charges for using the flat), subject to these conditions:

1. In writing. A text message or a phone call is not enough.
2. Notice: at least 3 months, effective at the end of a calendar month. The lease may provide for longer. Example: notice delivered on 10 October takes effect from 1 February at the earliest.
3. Frequency: no more often than every 6 months.
4. Justification: if, after the increase, the rent per year exceeds 3% of the flat's reconstruction value (wartość odtworzeniowa), the landlord must, at the tenant's written request, give the reason and the calculation in writing (art. 8a(4)). The act lists other cases that need a justification too; check its current wording.

The tenant then has two options: challenge the increase in court within 2 months of the notice, or refuse it, which in practice means the lease ends when the notice period expires. The procedure has its nuances, so ask a lawyer or a free legal aid point before going to court.

Many leases contain a yearly indexation clause tied to the GUS inflation rate (waloryzacja). Whether such automatic indexation counts as an „increase” under art. 8a, and must meet its requirements, is debated by courts and commentators. Do not assume the clause is void, nor that it is always fine. Check current case law or ask a lawyer.

Termination by the landlord

Where the tenant uses the flat for payment (a typical lease), the landlord may terminate only for reasons listed in art. 11 u.o.p.l. The notice must be in writing, otherwise void, and must state the reason. Notice „just because”, with no statutory ground, is generally ineffective.

Art. 11(2) lists cases where at least one month's notice to the end of a calendar month is enough. Simplified, when the tenant:

1. uses the flat contrary to the lease or damages it despite a written warning, or grossly or persistently breaches the house rules;
2. is in arrears with rent or other charges for at least 3 full payment periods, despite a written warning of intended termination and an additional one-month deadline to pay;
3. has sublet the flat or lent it for free without the landlord's consent;
4. occupies a flat that must be vacated because the building needs repair or demolition (alternative accommodation then comes into play).

The act also provides other reasons with longer notice periods, e.g. when the owner wants to live in the flat. Those periods are much longer than a month and come with extra conditions, so check the current wording of art. 11 or ask a lawyer.

These rules do not apply to occasional or institutional leases. With an occasional lease, once the lease ends the landlord can rely on the notarial statement and evict much faster. Changing the locks, cutting the power or removing your belongings without a court order is not allowed under any type of lease.

Termination by the tenant

Tenants have more freedom than landlords, but much depends on whether the lease is indefinite or fixed-term. The general rule on terminating leases is in art. 673 k.c.

• Indefinite term (art. 688 k.c.): if rent is paid monthly, the tenant can give notice at the latest 3 months ahead, to the end of a calendar month, unless the lease says otherwise. Many leases set a shorter period, e.g. one month.
• Fixed term (art. 673 § 3 k.c.): early termination is possible only in cases set out in the lease. If none are listed, both parties are generally bound until the end, and leaving early requires agreement with the landlord.

So before signing a one-year lease, add when and with what notice it can be terminated (e.g. a job change or a move to another city). Our lease generator includes such clauses.

Mind household liability too. Under art. 688(1) k.c., adults living permanently with the tenant are jointly liable for rent and charges, which matters when renting with a partner or flatmates. Subletting or lending the flat requires the landlord's consent (art. 688(2) k.c.).

Repairs: who is responsible for what

The Civil Code splits duties between the parties. Simplified: the landlord must keep the flat fit for the agreed use, so major faults such as broken heating, a leaking roof or failed installations are on them. The tenant handles minor upkeep from ordinary use, e.g. light bulbs, seals or small fixes to fittings, and is liable for damage they cause.

Leases often specify this split, and the line between minor and major repairs can be disputed. Report faults in writing (email counts as evidence) with dated photos and give the landlord reasonable time. Before fixing something at the landlord's expense or reducing the rent yourself, ask a lawyer: a unilateral deduction can be treated as arrears.

What to do in a dispute

1. Check the lease and its type. Standard, occasional or institutional? What are the notice terms?
2. Gather evidence: the lease, the handover protocol, photos, transfer confirmations, correspondence.
3. Write a letter. A short demand describing the problem, the legal basis (e.g. art. 6 u.o.p.l. for the deposit) and a deadline such as 7 or 14 days. Send it by registered mail or a traceable email. A letter often settles it.
4. Use free legal help. The state network of free legal aid points (nieodpłatna pomoc prawna) sees anyone who cannot afford a lawyer, by appointment, on the basis of a simple statement. NGOs and city centres for foreigners also help.
5. Court. If nothing works, sue, e.g. for the deposit or to challenge a rent increase (2-month deadline). Discuss it with a lawyer first.

If the dispute ends with a move, search for a new flat in our search, e.g. flats for rent in Warsaw or in Poznań. Save the search in your tenant profile to get alerts about new listings. More practical tips on the for tenants page.

Sources and caveats

• Act on the protection of tenants' rights (u.o.p.l.), ISAP
• Civil Code (Kodeks cywilny), ISAP
• Free legal aid, Ministry of Justice

This guide simplifies the law as of October 2026 and is not legal advice. Check the consolidated texts on ISAP, as laws are amended, and for a specific case ask a lawyer or a free legal aid point.