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Landlord in Poland - tenant laws, statue of limitation


AppreciateLife 2 | 13
10 May 2013 #1
Hello everyone,

I was wondering if you guys know where I can find the Polish laws (in English) about landlord and tenants rights.

Also, where I can find the statue of limitation on suing an ex landlord for abusing their rights as owners, and abusing me as a tenant (by withholding money/never giving me back the money that is rightfully mine).

thank you so much for your time and attention, and for sharing your knowledge.
delphiandomine 85 | 18,266
10 May 2013 #2
What you need to understand is that knowing the law isn't going to help you - the Polish legal system is long winded and more or less broken.

What works is knowing that if you report him to the tax office, they will make him cry and wish that he had never met you.
Harry
10 May 2013 #3
the Polish legal system is long winded and more or less broken.

He could try the electronic court, he might get lucky.

What works is knowing that if you report him to the tax office, they will make him cry and wish that he had never met you.

An excellent option is to tell the landlord that he needs either his money back or a receipt for the money he paid because he needs to show the tax office he spent that money so that he can reduce the amount of tax he pays.
OP AppreciateLife 2 | 13
10 May 2013 #4
Well, it does help me - because I know now my rights. He has no right to do ANY of the things he is doing, and the laws says that I can enforce the law myself, and there is no need for any court or anything. And if I do this within the law, he has no right to go to the Police, or sue me. He might, but that will cost him money, and he is off to a bad start - considering what *he wants is outside of the law to begin with.

The law is clear: he is NOT allowed to benefit in ANY way from our bills to the water/gas/electricity. And since these bills are in his name, I am 99% sure he has put them as expenses and is waiting to get his VAT& other stuff back from the Polish tax office. He is profiteering from the law, abusing the law - abusing his rights as a landlord, and abusing us as his tenants.

He has no right to terminate our contract, unless he moves back in the house, and finds us a new place to live in, to the standards of the house *now, at the same price, and has to pay for our moving costs. Considering that we initially moved into a sh*thole, and we have invested money in this house (in the idea we can stay here for at least 2 years) - he would have to find us a place at a much higher standard than this rent - which will be impossible for him.

Also - he has NO right whatsoever to keep our bills in his name, and prevent us from transferring them into our name by not signing on our new contracts with the water/gas/electricity. If he does so, we can go to the Police, and the Police can sign these papers for us. And besides - as I said, he is getting money back from the Polish state (YOUR money, as law abiding tax payers) from OUR bills. Again - highly against the law.

Also - in his last email, he has threatened us. He has made a very wide in range threat towards us, therefore we can not (as stated in the law) enjoy the premises peacefully, within our rights. So we are going to the Police and reporting him for that as well.

Also - he has not only not fixed the control panel of the heating for 3.5 winter months, but the control panel was broken in the first place, and he had lied to us about it functioning properly when we moved into the house. Therefore - we can claim from him a % of our gas bills that were overly high due to his abusive "negligence". Not to mention he has clearly profited from these high gas bills we had - so he has broken his responsibilities as a landlord, and has profited from the laws.

Also - he has told us he will charge us for his lawn mower that was stolen during the summer, even though he is the only house (in the fenced in private property) who does not have his own fence defining clearly his garden, and therefore it was easy for anyone to come in the garden and take the stuff. He did make a point to us, when we moved in, that this was a safe neighborhood. And then his sh*tty lawn mower was stolen, together with a brand new: hose, sprinkle device, and extension cord that were ours. We, of course, filed a police report, with exact date of the breaking in, and receipts of our stolen stuff. He - however, did not even bother to go to the Police and confirm *his lawn mower being stolen. And now he wants to charge us for it....................

Also - he has lied to us about a street electricity bill, saying for 10 months the bill (of one bulb) was 250 PLN, when in fact the bill for the whole year was 50 PLN.

Also - he has been notified about some tiles on the roof falling, and he has 2 more days from his 2 week period to fix this, otherwise we have the right to fix the problem ourselves and charge him for this, by paying less rent. Not to mention that tiles falling from the roof are reckless endangerment to us, the mailman, delivery companies, the neighbors, and especially children here.

Not to mention that we can indeed report him to the tax office for his tax fraud with the rent AND his claiming *our bills as his expenses.

I can make him cry myself, plus the tax office. Man, is it good to be informed, or what?

About my Q about the statue of limitation: we have actually initially moved in this house because of our previous landlady: she had to agree to break her bathroom wall in order to fix a broken pipe between her wall/floor and the ceiling of the store below. So due to this, we had to live there for a few days without a properly attached toilet. However, she wanted to fix the bathroom with the same tiles, but because the tiles that she had chosen for the bathroom were stopped from production in 2005, it was difficult to find them in 2012. Not to mention all of them were behind the toilet either way, so honestly - she could have chosen something neutral. So she was supposedly looking for these tiles for about a month, without any results. So we got upset with this, and told her - but she was very rude and disrespectful, so we (at the time, without knowing our rights) chose to move from that place. Not only because of her, and her attitude, but also because of her unwillingness to fix the problem in the near future.

So we wanted to terminate the contract immediately, but she said that would be a loss to her, and a bunch of other cr*p, so we just left. We have lost the deposit+ its interest, half of a rent, plus money from having paid full rent without being able to use fully and properly the apartment. I am not yet sure if we were the ones who were obliged to pay the maintenance of the building or if that was actually her responsibility - I will have to look into this.

So this happened in March 15 2012 (that is when we left that apartment). It has been a year already, so I was wondering where we can find the statue of limitation for this kind of abuse on her part.

Thank you so much for your replies! :)

We, of course, have ALL of this on paper (emails) and bank transfers.
delphiandomine 85 | 18,266
10 May 2013 #5
Instead of writing this all online, why don't you simply invite him to a meeting where you outline exactly how much of a hold you have over him, and give him a week to sort it out?

Much easier and far more effective. Having said this, putting money into a property you don't own is...an interesting idea.
OP AppreciateLife 2 | 13
10 May 2013 #6
What is electronic court?!

Actually - I can`t have a meeting and tell him all of this. He believes he is above the law - he has had legal troubles with his neighbors as well. But what I will do is enforce everything I said here, and everything more - according to the law.
delphiandomine 85 | 18,266
10 May 2013 #7
Forgive my cynicism, but in Poland, a strong hand is respected more than the law. He won't mess with you if he knows you'll get the taxman involved - but tge law? Nothing to be frightened of.
Harry
10 May 2013 #8
but tge law? Nothing to be frightened of.

Exactly. It's pretty easy to laugh at threats of law suits here in Poland.
OP AppreciateLife 2 | 13
10 May 2013 #9
I am not threatening him with the law :) I am enforcing those rights that I have the right to enforce myself - within the law :) and he can sue me if he wants to - even though, really, he can`t :)

I have no reason to sue this guy - I am within my own rights.

And about the tax authorities - again, I`m not threatening him. He has abused the laws, and my ignorance of the laws - but I will report him nonetheless, because that is my duty as a tax paying citizen.

So basically - I am doing what you suggested: I will show him a firm hand. He has so far abused me with every chance he got, and besides this - has disrespected me, and insulted me, and threatened me. So I am so over being forgiving of his criminal behaviors. It is not really *my decision to forgive him of his criminal behaviors or not, that is up to the specific authorities who deal with this :)
OP AppreciateLife 2 | 13
10 May 2013 #11
I live in a small village near Krakow, in a "community" of houses on private property :)
delphiandomine 85 | 18,266
10 May 2013 #12
I urge some caution in this respect, then. You don't know about the guy and his history - while he might just be a chancer, people do tend to stick together in these places.
OP AppreciateLife 2 | 13
11 May 2013 #13
Actually he has had problems with the neighbors next door, and they have been to court several times. And the neighbors are not friends with him - they actually speak pretty badly of him. We only wish we could have known this before we moved here.
ceilidh
6 Sep 2014 #14
There should be a huge warning sign for foreigners moving to Poland BEWARE THE LANDLORD. We have been here a year, I am about to rip my hair out in the dealing with our landlord. After taking possession I found out they were asking 4000 zloty a month, but the agent and owner told us 4500 (so that is what we are paying), they moved out, the fridge wasn't working properly, there was no hot water, took us 2 months to find every hidden cigarette butt in the planters in the house, could have taken 5 seconds to fix the stove top but didn't bother, the heating system didn't work, the hot water tank didn't work either. We came from Canada, and all these people see are foreign dollars and easy money for them. Now she is sending us emails (because the cheap washer she put in the house according to our lease broke), that she is paying all the bills, and we should be paying. I have made a list of everything we have invested in a property that isn't even our own, it is staggering. I hate this house, I hate the fact I have no idea who I can trust here, and I hate the fact we have to be here two more years. Long and short of it, if you are being sent here for work, ask to be sent somewhere else.....no one needs this kind of hassle.
jon357 63 | 15,214
7 Sep 2014 #15
Remember you can always give notice and move somewhere else. Most landlords are not as bad as they one you're using.
f stop 25 | 2,513
7 Sep 2014 #16
I think there is more of an expectation that the tenants will fix stuff for themselves in Poland than there is in the US. That can be a bit of a shock. Check the apartment carefully before you agree to take it!

That said, it can also be a bit of a shock when Polish tenants in US decide to re-configure the kitchen cabinets without bothering to run it by the landlord first. ;)
Maluch 30 | 95
7 Sep 2014 #17
how much energy do you invest in life in complaining about things and fighting battles with landlords?

If the place is so bad - a) why did you rent it in the first place? b) Why don't you walk away and find a better place?
asdasdasd
8 Apr 2020 #18
Merged:

Tenant rights / gross negligence (my landlord gave me pneumonia)



my landlord failed to fix my broken heating for 6+ months during which i was hospitalized with pneumonia
what legal action if any am i entitled to?
PropertyMngWawa - | 9
20 Apr 2020 #19
termination of the lease without notice, followed by further legal steps. It is best to refer the matter to a lawyer to check the contract and handing over the apartment in the presence of witnesses. If the case is in Warsaw, I can help. if other city I have to check if i know someone worth recommending


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