Can Your Landlord Evict You? Tenant Termination Rules in Poland
Short answer: Under the Tenant Protection Act, a landlord can end a residential lease only for statutory grounds, in writing and stating the ground: one month for misuse, three periods of arrears or unauthorised subletting, up to three years when the owner wants to move in. Najem okazjonalny contracts follow their own terms.
Polish law gives residential tenants some of the strongest termination protection in Europe - but the protection depends heavily on what kind of contract you signed. Here is what the Act on the Protection of Tenants' Rights (consolidated text Dz.U. 2023 poz. 725, in force as of October 2026) actually allows a landlord to do, and where the najem okazjonalny exception changes the picture.
The default rule: a closed list of grounds
Under Article 11 of the Act, if you are entitled to paid use of a dwelling, the owner may terminate the tenancy only for the reasons the statute lists. Anything else is invalid. The termination must be in writing - under pain of nullity - and must state the ground it relies on. A text message, an email saying "please leave by June", or a phone call does not terminate anything.
The Act's definition of "tenant" is broad: it covers the person renting the flat, not only council or social tenants. So the protection reaches ordinary private-market leases, including flats rented by foreigners.
One month's notice: the fault-based grounds
An owner can terminate with one month's notice, effective at the end of a calendar month, when the tenant:
- keeps using the flat contrary to the contract or its purpose, neglects duties causing damage, destroys shared facilities, or persistently and flagrantly disturbs other residents - but only after a written warning;
- is at least three full payment periods behind with rent or other charges collected through the owner, after being warned in writing of the planned termination and given an extra month to pay the arrears and current charges;
- sublet, underlet or lent the flat (or part of it) without the owner's required written consent;
- occupies a flat that must be vacated because the building is to be demolished or substantially renovated - in this case the tenant has a right to a replacement flat, with the moving costs on the building owner.
One more one-month ground: the tenant already holds a legal title to another flat in the same or a nearby town that meets replacement-flat standards and can actually be used.
Longer notices: absence and the owner's own need
Two grounds take much longer by design. If the tenant has not lived in the flat for over 12 months, the notice period is six months. If the owner wants to move into their own flat (or house an adult child, parent or a person they owe maintenance to - the termination must name that person), the notice is six months when the tenant has or is given a replacement flat, and a full three years when no replacement flat is available.
The own-need route carries a trap for owners that protects tenants in practice. If the owner terminates on the three-year ground and then does not move in, or moves out within six months, the tenant can choose between moving back in on the old terms or claiming the rent difference for a year. The owner also covers moving costs and owes a statutory penalty of 15% of the flat's replacement value.
For any other serious reasons not on the list, the owner's only route is a lawsuit: the court may dissolve the tenancy and order the flat vacated if the parties cannot agree terms.
The najem okazjonalny exception - read your contract
Many private landlords, especially in the big cities, rent through najem okazjonalny - "occasional lease". Under Article 19a of the same Act, this is a fixed-term contract (maximum 10 years) offered by an individual owner who does not run a rental business, and it comes with a signature feature: a notarial deed in which the tenant submits to enforcement and promises to vacate by the date in the landlord's demand.
That deed changes everything. Termination grounds are largely set by the contract itself rather than by the Article 11 list, and enforcement of a move-out is far simpler for the owner. If your lease is najem okazjonalny, the protective framework above mostly does not apply to you - the contract and its notarial attachment do. Before signing, read the termination clauses as carefully as the rent amount; our guide to najem okazjonalny and deposits covers the mechanics.
What actually happens if you do not leave
Even a valid termination is not an eviction. If a tenant stays past the notice period, the owner must sue, win, and then have a court bailiff (komornik) carry out the eviction. Self-help evictions - changing locks, removing belongings, cutting utilities - are not lawful enforcement, whatever the contract says. In practice the court-and-bailiff route takes months, which is precisely why the statutory notice rules matter: they set the clock, not the moving truck.
Practical notes for expat tenants
- Identify your contract type first. Standard residential lease: Article 11 protection applies. Najem okazjonalny: the contract and notarial deed govern.
- Every termination must be written and reasoned. No ground stated, no valid termination.
- Arrears are the most common trigger. Three full payment periods behind, after a written warning and an extra month to catch up, is enough - paying promptly inside that extra month defeats the ground.
- Subletting needs written consent. Hosting a flatmate without it is a statutory termination ground.
- Keep the paper. The written warning, the termination letter and proof of rent payments decide these disputes.
* Photos: Kamil Czainski (Wikimedia Commons, CC BY-SA 4.0) and Barbara Maliszewska (CC BY-SA 3.0 PL).
Frequently asked questions
Can my landlord evict me without a reason in Poland?
No. For standard residential leases, Article 11 of the Tenant Protection Act is an exhaustive list of termination grounds, and the termination must be in writing and state the ground to be valid. For najem okazjonalny contracts, the grounds come from the contract itself - so read it before signing.
How much notice must a landlord give a tenant in Poland?
It depends on the ground: one month (to the end of a calendar month) for fault-based grounds like misuse, three payment periods of arrears, or unauthorised subletting; six months for absence over 12 months or the owner's own need with a replacement flat; and three years for the owner's own need without a replacement flat.
Does the Tenant Protection Act apply to foreigners renting privately?
Yes. The Act defines a tenant as the person renting or otherwise entitled to use the dwelling - it is not limited to social housing or Polish citizens. Ordinary private-market leases are covered. The main carve-out is najem okazjonalny, the notarial occasional lease common in big cities.
Can a landlord kick me out for unpaid rent immediately?
Not immediately. The owner must first warn you in writing of the intended termination and give you an extra month to pay the arrears plus current charges. Only if you are at least three full payment periods behind after that can they terminate with one month's notice - and removing you still requires a court judgment and a bailiff.
