Termination of Apartment Lease: Deadlines, Reasons, Arrears, and Eviction Step by Step (2026)

"This is my apartment, I am terminating the lease month to month" – this statement has already cost many owners a lost lawsuit. In Polish rental law, termination is asymmetrical: the tenant can leave relatively easily, while the owner can only terminate for reasons listed in the law, in writing under penalty of nullity, and within deadlines that can extend up to three years. This guide breaks down the termination process based on the full texts of the Civil Code and the Tenant Protection Act: deadlines, reasons, procedures for overdue rent, eviction – and a scenario particularly important for owners living abroad.

Step Zero: What Type of Lease and Who is Terminating

An important nuance regarding the clause in a fixed-term contract: case law requires specifying "cases" – specific situations (loss of job, work-related relocation, sale of the unit). A clause stating "either party may terminate with one month's notice" without any grounds is often challenged as circumventing Article 673 § 3. When drafting a contract (we discussed this in the rental agreement guide), include a catalog of grounds – for both parties.

Owner's Termination: Closed Catalog from Article 11

Rent Arrears: Procedure Most Often Compromised

• Step 1 – arrears must reach 3 full payment periods (for monthly rent: three full months).
• Step 2 – written warning of the intention to terminate with a specified additional month to pay overdue and current dues (Article 11 § 2 point 2). This is not yet termination – sending an immediate "termination for arrears" makes it invalid.
• Step 3 – after an unsuccessful month: proper termination, in writing, stating the reason, with a monthly notice period at the end of the month.
• Step 4 – lawsuit for eviction, if the tenant does not vacate the apartment; from the day of losing the title, compensation for unauthorized use at the market rent rate is due (Article 18 of the Tenant Protection Act).
• Note on duality: the general Article 687 of the Civil Code allows for termination "without notice" for rental units already with 2 full periods of arrears (also after a warning with an additional month) – but for residential units, the protected tenant benefits from the stricter regime of Article 11 of the Tenant Protection Act. For apartments, always count 3 periods.

Tenant's Termination: Simpler, but Not Always

With an indefinite lease, the tenant simply observes the notice period (3 months at the end of the month or contractual deadline) – they do not need to state reasons. With a fixed-term lease, they are subject to the same constraints as the owner: only cases specified in the contract or statutory exceptions (defects threatening health – Article 682 of the Civil Code; defects preventing use, which the landlord did not remove – Article 664 § 2). "Change of life plans" is not a valid reason – negotiation or mutual agreement remains.

Delivery: The Document that "Reached"

Termination takes effect when it reaches the addressee "in such a way that they could familiarize themselves with its content" (Article 61 of the Civil Code) – not at the moment of dispatch. The practice is resistant to disputes: registered letter with acknowledgment of receipt (or personal delivery with a receipt). An undelivered, doubly notified shipment to the correct address creates – according to the Supreme Court's case law – a rebuttable presumption of delivery (the addressee must prove that they could not receive it). Owner's termination and rent increase must be in writing under penalty of nullity – email or SMS is not sufficient.

Tenant Does Not Leave: Eviction Without Illusions

• Never "on your own". Changing locks, cutting off utilities, removing belongings – this is a crime under Article 191 § 1a of the Penal Code (persistent or significant obstruction of the use of the occupied unit – up to 3 years of imprisonment, prosecuted at the request of the aggrieved party).
• Legal route: lawsuit for eviction → judgment → bailiff. In the judgment, the court decides whether the evicted person is entitled to social housing (Article 14 of the Tenant Protection Act); regarding, among others, pregnant women, minors, disabled persons, seriously ill persons, retirees on social assistance benefits, and unemployed individuals, the court generally cannot deny this right – but note: in private rentals, this automatism does not apply (Article 14 § 7 excludes it for units outside the public resource; the court still examines the tenant's situation).
• Protection period: eviction judgments are not executed from November 1 to March 31, if no unit has been indicated to the evicted person (Article 16 of the Tenant Protection Act); the bailiff also waits for the municipality to indicate a temporary accommodation (Article 1046 § 4 of the Code of Civil Procedure). Exceptions: domestic violence, gross violations of order, occupation of the unit without title (Article 17).
• Fast track exists only for occasional/institutional rentals: written request for eviction (notarized signature, notice period ≥7 days) → enforceability clause on the notarial deed → bailiff, without a judgment and without a protection period. The entire procedure is described in the guide on occasional rental.

Owner Abroad: How to Conduct It Remotely

• Proxy in Poland with a regular written power of attorney can sign and deliver the termination and warning about arrears; they will also receive the return correspondence. You can have your signature notarized by the Polish consul if the other party questions its authenticity.
• Keep track of the arrears calendar in advance: the full path "3 months of arrears → warning → month → termination → month → lawsuit" takes at least six months – from abroad, every week of delay in response extends it further. Automate payment monitoring (separate account for rent, alerts).
• Document everything in the cloud: scans of warnings, proof of dispatch, statements – a complete set of evidence determines the pace of the court case conducted by the proxy.
• Consider in the future occasional rental – the key declaration is made by the tenant before a notary, so the structure also works with the owner across the ocean.

What Must Be Included in the Termination Letter

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