Landlord Demands You Move Out Early in Poland – What Can You Do?

If you have a fixed-term lease, the owner cannot validly demand that you move out early just because they have changed their plans. They need grounds under the agreement or the statute, and they must terminate the agreement in writing. A verbal "please move out by the end of the month" does not end the agreement, and changing the locks or cutting off utilities may be a criminal offence.

When the owner can end an occasional lease early

An occasional lease (najem okazjonalny) is always concluded for a fixed term (Art. 19a(1) of the Act on the Protection of Tenants' Rights, Municipal Housing Stock and Amendment of the Civil Code (ustawa o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego), consolidated text Dz.U. z 2023 r. poz. 725). The owner can end it early in four situations:

• Mutual agreement – if you agree, on terms you set together.
• A clause in the agreement – if the agreement lists cases in which the landlord may terminate it (Art. 673 § 3 of the Civil Code (Kodeks cywilny)). Check whether the reason the owner gives really falls within that clause.
• Breaches by the tenant listed in Art. 11(2)(1)–(3) of the Act, which applies to an occasional lease by virtue of Art. 19e: using the flat contrary to the agreement or grossly breaching the house rules despite a written warning; arrears for at least three full payment periods after a written warning and an additional one-month deadline to pay; and subletting or letting someone else use the flat without written consent. Notice is then given one month in advance, effective at the end of a calendar month.
• No address in case of eviction – if you have lost the right to live at the property named in the agreement and have not, within 21 days, provided a new one together with its owner's statement, the landlord may terminate the agreement with a notice period of at least seven days (Art. 19a(3), Art. 19d(5)).

Under a standard residential lease the tenant's protection is even broader: the owner's notice must be in writing on pain of invalidity, state the reason and rely on one of the grounds listed in the Act (Art. 11(1)).

Reasons that are not enough on their own

What the owner is not allowed to do

Even when there are grounds for ending the lease, the owner cannot "enforce" the move-out themselves. Changing the locks, removing your belongings, or cutting off the electricity or water to force the occupant out may constitute the offence under Art. 191 § 1a of the Criminal Code (Kodeks karny), i.e. persistently using other forms of coercion or substantially obstructing the use of an occupied residential flat. It carries a penalty of up to 3 years' imprisonment and is prosecuted at the victim's request.

Nor can the owner enter the flat whenever they like. Under Art. 10 of the Act, which applies to an occasional lease, the flat must be made available to them at a time agreed in advance, for example for an inspection, and without notice only in the event of a breakdown threatening damage – and, if the occupant is absent, only in the presence of the Police or the municipal police (straż miejska).

What to do step by step

1. Ask for their position in writing. Politely but clearly: what are the grounds and from when would the agreement end?
2. Check the agreement. Look at its duration, termination clauses, notice periods and the rules on changing the rent.
3. Assess the allegations. If the owner cites arrears or breaches, check whether you previously received a written warning or a notice with an additional deadline to pay.
4. Reply in writing. If the demand has no basis, write that the agreement is in force until a specific date and that you intend to perform it. Pay the rent on time and keep the confirmations.
5. Negotiate if you want to agree. You can accept an earlier end date in exchange for a realistic time to move, a reduction in rent or a quick return of the deposit – all set out in a written agreement.
6. Document any violations. Changed locks, cut-off utilities or entries without consent – photos, messages, witnesses. If necessary, report the matter to the Police.
7. Get legal help. Free legal aid centres operate in every county (powiat); appointments are booked through the gov.pl website.

What ending the lease looks like when the grounds really exist

Once the agreement has expired or been validly terminated, an owner who wants to recover the flat must follow the statutory procedure in Art. 19d. They serve the tenant with a written demand to vacate the flat bearing an officially certified signature, identifying the agreement, the reason it ended and the deadline for moving out – no less than 7 days from service. Only once that deadline has passed without effect can they apply to the court for an enforcement clause to be attached to the notarial deed in which the tenant submitted to enforcement, and then refer the case to a bailiff (komornik). We describe the details in our article on how eviction works under an occasional lease.

Important: under an occasional lease there is no right to temporary accommodation if the agreement was reported to the tax office (urząd skarbowy) (Art. 25d(2) of the Act). The bailiff can move the tenant to the property named in the agreement. That is why it is so important that the statement by the owner of that property (oświadczenie właściciela) – which the market calls a "guarantee" (poręczenie) or an "address for the occasional lease" – is genuine and up to date.

When the owner changes their mind before the agreement is signed

Until the agreement has been concluded, either party can, as a rule, back out. An advance payment (zaliczka) must then be returned. If, however, you paid an earnest deposit (zadatek) and the owner failed to perform the agreement, you can withdraw from it and demand twice the amount (Art. 394 § 1 of the Civil Code). That is why any payment made before signing should be described in writing: as either an earnest deposit or an advance payment.

If a conflict with the owner ends with you moving out and you do not have an address in case of eviction for your next agreement, it is worth having a free consultation before signing a new one to find out what kind of statement you will need.

Frequently asked questions