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False advertising? Poland rental property advice.


LUK909
31 Jul 2020 #1
Hi, I was hoping to get some advice as I am struggling to find anything online regarding polish law and my rights.

I am from the UK and have recently moved to Poland, I found what was advertised as a luxurious house on Otodom and spoke to the agent regarding the property. The agent at the time told me the house is very high spec, brand new and luxurious but was already taken, however she said if you offer the landlord more money they may accept as the other interested party had not signed the contract yet. So after receiving more pictures and a video i offered 600 pln above asking price (4000pln total pm) as the property looked so fantastic and agreed a deal. I sent the deposit and signed the contract.

Everything seemed perfect at first until the day I arrived at the property, by now all my belonging have been shipped and I am expecting to arrive at a brand new luxury house. I arrived to find that the property has not been cleaned and is filthy, for example - all the landlords belonging scattered around the house (advertised as unfurnished) rotting food in fridge, bins, on the floor, food up the wall and even worse used condoms on the bedroom floor. Next i discovered that every socket in the house has been removed exposing live 230v cables (out of 29 sockets only 3 had covers which were broken). Every wall had a hole in it or in some way damaged (some holes twice the size of a tennis ball exposing cables in the walls), the balcony leading from the bedroom does not have a barrier and is a free drop from 60ft high. The 6ft gate/wall surrounding the property has no mortar/cement in it and can be easily pushed over (its basically free standing concrete blocks), I can't put my car in the garage due to her belongings in there and my car has to remain by the gate and has already been damaged by falling debris. She also promised that I would have 20mb internet speed and an antenna already installed and working (The antenna is broken, I have replaced it only to find the area has terrible reception and can only get 0.9mbs per second max speed)

After speaking to the agent, she promised me she would have all of the issues above sorted within 4 weeks or we can do the repairs and deduct it from the rent. We asked her to amend the contract highlighting all the issues/details above which she did. It has now been 6 weeks and not one issue has been sorted nor did they arrange for one contractor to turn up. They told us 5 times one would arrive for no one to arrive and the agent or LL didn't answer their phones. We have now arranged for our own contractors to come in - this is where it becomes even more crazy!

The electrician arrived on Monday and told us the electrics are a death trap and surprised we are not dead already and pose a huge fire risk, He has tried to make safe what he could but said its such a mess that really its better to rip it all out and start from the beginning. The building contractor told us that the external walls without mortar also poses risk to life and at any moment will fall down and could seriously injure someone in the street or us. He also said the balcony is very unsafe and wouldn't even risk going to look at it. He has also explained that he is very worried about issues that we probably cannot see like plumbing, huge holes, structural stability etc and said the house is very unsafe and yet again used the word "death trap". Each contractor has written a detailed report for me highlighting these issues. The other contractors simply walked in, place their head in there hands started swearing and walked out saying they could not help and that the house is not fit to live in.

I have passed on my findings to the LL and agent to be told that the cost for repairs is too expensive, with no solution or anymore information! I am currently lost on my legal rights or what to do next.

I was hoping someone might be able to let me know the laws surrounding false advertising, renting a very dangerous property and if I would be able to sue them to recover my costs and compensation? Also what the legal repercussions would be if I refuse to pay my rent?

Thank you
pawian 171 | 12,080
31 Jul 2020 #2
hahaha

This piece od advice might help: blow the whole house up while shooting an action/spy thriller film. Invite Tom Cruise or Daniel Craifg and let them do it. The site will become famous and you will show it to tourists, collecting a proper fee. Each visitor might even take a small piece of debris as a souvenir. Simple. In this way, you will not only have your expenses compensated but will even have decent profit every year.
dolnoslask 5 | 2,878
31 Jul 2020 #3
Ok my best advice is to try and negotiate your way out of the contract ,effectively cancel it quick, quote from the below link to the agent

ec.europa.eu/info/law/law-topic/consumers/consumer-contract-law/consumer-rights-directive_en

This can work it throws a spanner in the normal Polish system of doing things (lol) and the very threat of using EU law against them can do the trick, It worked for me one time when someone tried to stich me and bleat out your in Poland now as an excuse for their criminality, I just said NO "you are in Europe now and have to abide by EU law"
pawian 171 | 12,080
31 Jul 2020 #4
So after receiving more pictures and a video

later, arriving at the place, you discovered belongings scattered around the house, holes in walls, condoms on the floor, mess, ripped sockets, food up the wall. There is some incongruity in it - didn`t you see this condition in the video and pics?
cms neuf - | 1,667
31 Jul 2020 #5
For sure don't pay any more rent - if the house is unsafe then they are not performing the service of renting you the property. Whatever is in the contract can be trumped by the civil law.

I would stop paying rent, find somewhere else. Then when you are in your new place ask for your 4000 zloty back - both to the agent and the LL. Chances are small but make their lives a misery for a few weeks and you might get something.
LUK909 - | 7
31 Jul 2020 #6
Pawian, no the video showed a perfectly presented property. I guess it was old footage of the house when it was first renovated. This footage was sent before signing the contract when i asked for extra footage of pics of the property.
pawian 171 | 12,080
31 Jul 2020 #7
Still, it is hard to believe that the owner and agency snubbed a client who was supposed to pay 4000 PLN per month. Especially in times of covid when rental income has gone down considerably.

Such things just don`t happen here. :)
LUK909 - | 7
1 Aug 2020 #8
Okay your first comment made you sound like an idiot and as useful as a chocolate tea pot and now you coming up with crap that has no help what so ever and just being an idiot. At first i thought just ignore it but now clearly you are just trying to provoke a response or trolling.

Such things happen everywhere in the world, so stop being a twat and jog on.
cms neuf - | 1,667
1 Aug 2020 #9
I guess if you wanted to get some of your cash back then you could help yourself to some of the stuff that the owner left in the garage and give it back to her when she gives you a few thousand zloty

Depends on how angry you feel - that sort of thing obviously has the potential to to escalate

But the real fault here is with the agent and you might have most leverage in these times by leaving reviews about how unprofessional and negligent they have been. They can't just take commissions with no responsibility for the end service.
pawian 171 | 12,080
1 Aug 2020 #10
Okay your first comment made you sound like an idiot and as useful as a chocolate tea pot and now you coming up with crap.

I think you made this whole story up. It was even funny - condoms all over the floor! Holes in walls! The house will collapse soon! hahahaha Did you really expect anybody would fall for that?
Cargo pants 2 | 419
1 Aug 2020 #11
@pawian
I had the same feeling that he made up a story.
pawian 171 | 12,080
1 Aug 2020 #12
Yes, you know a lot about this business.

Two dozen serious problems, half with life danger involved. Looks as if the house had been built by complete amateurs, and nobody has come to assess its safety and standards.

The truth is there is huge beaurocracy in Poland and you need permissions for everything you build and then the professional comes to check if things work all right.

Such things as described above are impossible in Poland. Probably it is in Turkey. hahaha

hey, Luk, how did it go?:

The building contractor told us that the external walls without mortar also poses risk to life and at any moment will fall down

hahaha Yes, exactly, because it was me who built this fekking wall! Two years ago I built a smoke shed next to our summer house so I know how to erect such stuff. It is not my fekking fault they sold me warped bricks and weathered cement. hahahaha
johnny reb 24 | 4,293
1 Aug 2020 #13
your first comment made you sound like an idiot

Who is the idiot here ?
Sounds like you are more upset with yourself for being out smarted by not asking for references.

Such things happen everywhere in the world, so stop being a twat and jog on.

Take your own advice and make the best of it while enjoying your chocolate tea.
pawian 171 | 12,080
1 Aug 2020 #14
All in all, it was a funny joke, I must admit. Sth to dissipate the holiday boredom. :)
johnny reb 24 | 4,293
1 Aug 2020 #15
So after receiving more pictures and a video

For some reason or other you can bet that the OP is unable to post these pictures and the video sent to him/her.
By the slimmest chance (and slim just left town) that he/she can, it would certainly be interesting to see pictures and a video upon arriving at said property to compare them.

Do I have any takers ?
pawian 171 | 12,080
1 Aug 2020 #16
I am afraid finding and downloading suitable pics about faulty properties is a matter of a dozen seconds now.
Cargo pants 2 | 419
1 Aug 2020 #17
The truth is there is huge beaurocracy in Poland

Oh well,Poland is way lenient,you should see how they control your construction here in the States.Code enforcement officers just drive around looking,God forbid they see a green sheetrock(used for bathrooms) or any other sign and they will be ringing your door bell to inspect,lol and make you get a permit,inspections and then raise the value of your house and thus property taxes.I built a warehouse in Poland and everything went smoothly(partle because all the problems was solved by the contractor & I dont speak Polish) and was ready in 9/10 months.Try building something here and see when you can get the inspector to come pass/reject the job before cpl of weeks at least or maybe a month and then you proceed.You have to get over 20 permits and inspections and tons of paperwork to build a project.Thats why I always take a box of expensive choclates for the ladies in the Gmina office in Poland and Municipal office in the States.Also in Poland they are still lenient and let you slide if its not dangerous while here they go by the book until you know a politician or you are a financial donor.
pawian 171 | 12,080
1 Aug 2020 #18
Oh well,Poland is way lenient,you should see how they control your construction here in the States

Really? I thought nothing beats Poland as far as inspections, certificates, permits in construction are concerned.
pawian 171 | 12,080
1 Aug 2020 #19
The other contractors simply walked in, place their head in there hands started swearing and walked out saying they could not help

I am sorry I was so foolishly sceptical about your rented house. Now I see you were right about its lousy condition. I do apologise sincerely.



LUK909 - | 7
2 Aug 2020 #20
Paiwan, I was contemplating even wasting any more time bothering responding to you but seeing as you are literally mocking my situation and being nothing but relentless in pursuing that I hope these pictures will be suffice in not only shutting you up but also changing your outlook on the matter.

I have nothing to gain from posting this apart from gaining advice. I have visited Poland many times and always been fond off the country and have had great respect in general for the people and the warmth I have found in this country. However I am not a liar and am in a awful position. You may be right about building relegation and inspection in Poland however on this occasion something has failed drastically and I am the person suffering for it.

I have nothing negative to say to you and hope you can look at the google drive link I have shared (which is also a open link for anyone to view) I have attached only a handful of the 100s of photos I have just to give you an example of the condition however If you wish I can upload the lot. I think the 30-40 photos I have uploaded is enough proof to show they are not found on google especially with the resemblance throughout.

I hope this changes you opinion on this matter and hopefully you may be able to offer actual good advice rather than further slating my predicament.

drive.google.com/drive/folders/17T6HDt1zVVXLGSldpt7JBxuMLRM0c9O_?usp=sharing
pawian 171 | 12,080
2 Aug 2020 #21
I have visited Poland many times and always been fond off the country

That`s nice. But if it is true, what prevented you from coming and seeing with your own eyes what property you signed a contract for?? Buying a pig in a poke is called buying a cat in a sack in Polish.
LUK909 - | 7
2 Aug 2020 #22
Please read what I have wrote in the beginning message. I was in the UK, I found a property advertised online which had alot of pictures that shown the property in perfect condition. I asked for further evidence by providing a video and pictures as I was unable to travel at the time due to Covid-19. The agent provided me all of this and reassured me many times that the property was high spec. I paid on that assumption and was unable to move until the borders were reopened.

Yes, i agree maybe it was naive of me to rent a property before seeing it however I had no choice and after checking the agents website and further evidence of pics and video I was persuaded that it was the right choice.

I do not understand why still you choose to think as If i purposely bought this on myself, I am simply asking a question which is do I have any rights? I am not fluent in Polish and only learning. The law is very vague and was hoping that maybe just someone out there who is Polish and can speak English may have a answer or experienced something similar who can point me in the right direction. Especially down to the fact that If i don't pay I can be criminally charged.

I hope that clears that up or in your eyes and from your messages you probably think I deserve it and just get on with it as I am a sucker!
dolnoslask 5 | 2,878
2 Aug 2020 #23
No you don't deserve this , you just need to get out of it , where is the place .
cms neuf - | 1,667
2 Aug 2020 #24
What prevented you from seeing it ? Well nothing except the borders were closed and even if they were open it would mean 4 weeks of quarantine.

Come on pawian - you are a nice guy but you are taking a.weird approach to someone who is just asking for help after being ripped off.
dolnoslask 5 | 2,878
2 Aug 2020 #25
weird approach to someone who is just asking for help after being ripped off.

Yeah I don't know why he is gloating because of someone else's demise.

There but for the grace of god and all that.
LUK909 - | 7
2 Aug 2020 #26
I am trying my best to get out of it and currently on the search for another property but there are not many to rent in Poland at the moment. I am meant to be getting married in 3 weeks so i just finding everything very difficult to organise especially as I have only just organised myself to get here. The cost involved is also a huge consideration as I have had to pay for a wedding and relocation. I was in the hope that the agent would give me back my deposit, commission and the rent I have paid so far which is around 15,000pln not including relocation costs of another 10,000pln.

However I am under the impression that as I have signed a year contract and owing money is a criminal charge in Poland that I may not have a choice but to live here, pay to make the property safe for my own welfare. The property is located just on the outskirts of Gdansk.

The ideal outcome would be for them just to repay me, however I can not see that happening so the next option would be taking them to court but I have no idea what the Polish courts are like and the chances of me getting my money back even if I went to court including the obvious expense of taking them to court!

To me this is criminal and I no it doesn't make any difference but if this happened in the UK it would be a criminal offence and was hoping that maybe the same would apply here. Just very difficult to find out when all the law is in a language I don't speak!
cms neuf - | 1,667
2 Aug 2020 #27
Owing money is not a criminal charge in Poland (unless it's tax or a fine). This contract is a civil matter.

If the house is as bad as you say then move out ASAP - it not being safe is a very strong defense in any court case. Some of the stuff about wiring and walls is probably criminal on the landlords part, especially as you have informed them of the problem
dolnoslask 5 | 2,878
2 Aug 2020 #28
Just very difficult to find out when all the law is in a language I don't speak!

Jesus have you not got anyone who speaks Polish to help you, If you were in Wroclaw I could help but Gdansk is a bridge too far, can anyone out there help this guy. can anyone dig up Dougpol to help who lives out there.
LUK909 - | 7
2 Aug 2020 #29
@cms neuf - here is a link to some photos so you can see for yourself. Okay that is great to know. I am going to get out of here asap just have to find somewhere. I have about 100 more photos and some of the worst ones are not even in the file as my internet connection has been real slow and loads to go through.

Thank you for your help

drive.google.com/drive/folders/17T6HDt1zVVXLGSldpt7JBxuMLRM0c9O_?usp=sharing

@Dolnoslask

I have been recommended a solicitor kindly by someone on here who can speak English and obviously Polish, so going to contact them tomorrow with the hopes of getting this sorted! Thank you for your help.
Cargo pants 2 | 419
2 Aug 2020 #30
what the Polish courts are like

I was just thinking that the person you signed the contract with if in reality even owns the property?I have never seen that happen first hand but have heard stories.[quote=dolnoslask]can anyone out there help this guy. can anyone dig up Dougpol to help who lives out there.

Dont you think he can ask his fiancee or her relatives(Sounds she is Polish)


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