How to Evict a Tenant? A Comprehensive Guide for 2024

Introduction – When Is Eviction Necessary?

Evicting an unwanted tenant is a last resort, used when the renter fails to meet obligations such as paying rent on time or respecting community rules. Landlords often try to negotiate first, but when talks fail, legal action is required.

Each year more owners face legal steps against tenants who owe rent, sublet without consent, or seriously disturb public order. Before starting eviction proceedings, it is essential to understand how the process works under Polish law.

Legal Basis for Eviction – What Does the Law Say?

In Poland, eviction issues are governed by the Act on the Protection of Tenants' Rights, Municipal Housing Stock and Amendments to the Civil Code. Eviction cannot take place without an enforcement title issued by a court, meaning the owner must obtain court approval.

Tenants are also protected by a winter eviction ban (November–March) unless the court rules otherwise. Certain groups – pregnant women, people with disabilities, families with children, seniors – are entitled to social housing, complicating eviction because they cannot be removed until alternative accommodation is provided.

When Can the Owner Evict a Tenant?

Eviction can be initiated only in legally defined cases. The most common reasons are:

1. Non‑payment of rent – The owner may terminate the lease if rent is overdue for at least three months. The tenant must first receive a demand for payment with a deadline. If ignored, eviction may proceed.
2. Use of the apartment contrary to the lease – Subletting without consent or running a business inside the flat can justify termination.
3. Disturbing public order – Serious breaches of social norms (loud parties, damage) allow the owner to end the lease and seek eviction.
4. Demolition or major renovation of the building – The lease may be ended if the building is slated for demolition or extensive repair.

Every termination must follow statutory rules and be delivered in writing with the proper notice period.

Eviction and Occasional Lease – A Simplified Procedure

An occasional lease is one of the most effective protections for landlords. A notarial lease agreement gives owners more control and simplifies eviction.

Under this contract, the tenant designates another dwelling to move to after termination and signs a notarised declaration of voluntary submission to enforcement. This greatly shortens court proceedings, enabling quicker eviction without a lengthy trial.

Advantages of an occasional lease:

• Faster eviction procedure – The landlord can act without protracted litigation.
• Legal security – The tenant cannot invoke winter or special eviction protections.

Steps to Follow to Carry Out an Eviction

The eviction process can be complex. Key stages are:

1. Lease termination – Serve written notice specifying the date by which the tenant must leave. The notice must meet statutory requirements (usually one‑month notice) and state the reason.
2. Filing a lawsuit – If the tenant stays, file an eviction claim with the competent court, including ownership proof and the lease.
3. Court proceedings – The court issues a judgment. If favourable, it becomes the basis for enforcement.
4. Enforcement by a bailiff – If the tenant still refuses to leave, the owner asks the bailiff to carry out the eviction, possibly with police assistance.

What Is an Enforcement Title and How to Obtain It?

An enforcement title is essential for eviction. After winning the court case, the owner must obtain an enforcement clause.

How to get it?

• Step 1: Application for enforcement clause – Submit a request to the court.
• Step 2: Court decision – The court issues the clause if no legal obstacles exist.
• Step 3: Cooperation with the bailiff – With the enforcement title, the owner instructs the bailiff to proceed.

Even with the title, eviction may take months if the tenant resists leaving.

The Bailiff's Role in the Eviction Process

The bailiff is crucial in the final stage. After receiving the enforcement title, the bailiff:

1. Sets an eviction date and notifies the tenant.
2. Visits the apartment on the set day with police support if needed and orders the tenant to vacate.
3. Removes the tenant's belongings to storage at the owner's expense if necessary.

Bailiff costs are paid by the owner, who may later recover them from the tenant if assets are available.

Social Housing and Tenant Protection

A major obstacle arises when the tenant is entitled to social housing. They cannot be evicted until the municipality provides alternative accommodation. Eligible groups include pregnant women, disabled persons, families with children and seniors.

How does tenant protection work?

• Waiting for social housing – Eviction is suspended until suitable housing is offered, which can take months or years.
• No eviction to the street – Protected tenants cannot be left homeless even if they owe rent or disturb the peace.

Practical Tips for Owners – How to Safeguard Against Problem Tenants

Preventing eviction issues starts with careful tenant selection and solid contracts:

1. Screen tenants before signing – Ask for references or check credit history.
2. Use an occasional lease – Notarial declarations simplify eviction.
3. Define payment terms and obligations clearly in the contract.
4. Monitor payments regularly and act immediately on arrears.
5. Insure the property to cover potential damage.

How Long Does the Eviction Process Take?

Duration varies. With an occasional lease, eviction may finish within months. Complex cases, especially with social housing rights, can last years.

Factors influencing duration:

• Type of lease – Occasional leases are faster.
• Tenant behaviour – Cooperation shortens the process; resistance prolongs it.
• Right to social housing – Eviction halts until housing is provided.

Summary – Key Steps for a Fast and Effective Eviction

Eviction is complex and time‑consuming, but preparation and legal knowledge help. The best protection is an occasional lease, prompt action on problems and obtaining an enforcement title quickly.

Essentials for swift eviction:

• Sign an occasional lease.
• Monitor rent payments.
• Act legally at the first sign of trouble.
• Secure an enforcement title and work with the bailiff.

Ultimately, eviction requires patience, strategy and often legal support to regain control of the property.