Eviction from a flat with arrears

There are many situations in which eviction may prove necessary. One of them is substantial arrears on the flat. How does eviction from a flat with arrears work? We describe the process in detail – read on!

• When does the eviction procedure begin?
• How to deal with a stubborn tenant?
• What next for the debtor?
• Temporary accommodation vs a social flat
• Eviction to a social flat?

When does the eviction procedure begin?

In theory, the building management or the housing cooperative can take action to recover the sum owed as soon as the tenant or owner of the premises is three months behind with payments (full payment periods). It begins with a standard demand for payment sent by registered letter. The demand must state the amount of the debt and a specified deadline for repayment.

The next step – if the debtor does not settle the amount due – is termination of the tenancy agreement. The tenant is then called upon to leave the flat voluntarily. A month is usually allowed for moving out.

How to deal with a stubborn tenant?

It may happen that the tenant has no intention of leaving the premises voluntarily. As a result, the owner cannot use the flat, even though in theory they have the right to. In such a situation only one option remains: suing the debtor. The relevant documents are filed with the district court. The court examines the case (it may also do so without the defendant taking part in the hearing) and may then order the tenant to move out.

The bailiff then steps in, sending a further demand to vacate the premises and, if there is no response, seizing the debtor's movable property, such as furniture, electronic equipment and so on.

What next for the debtor?

The next steps depend on whether the person in arrears is entitled to a social flat. Either way, the law makes no provision for evicting a debtor and condemning them to homelessness – with one exception. Perpetrators of violence may be evicted without the need to provide them with any accommodation at all. In other cases the municipality is obliged to provide the evicted person with temporary accommodation or a social flat (if they are entitled to one).

HOW TO DEAL WITH A TENANT WHO AVOIDS PAYING? CLICK HERE!

Temporary accommodation vs a social flat

The difference between these two solutions is fundamental. Temporary accommodation is the most basic shelter imaginable. It has no amenities whatsoever, because its role is merely to provide the evicted person with a roof over their head. The floor area reflects this too – each occupant of temporary accommodation is allotted a minimum of 5 square metres of space. A debtor may stay in this type of accommodation for a maximum of six months.

A social flat, in turn, offers basic conveniences – sanitary facilities, access to electricity and so on. It also has a considerably larger floor area, which translates into a better standard.

Eviction to a social flat?

Unfortunately, many Polish cities and municipalities do not have enough social flats. If the local authority is unable to provide the evicted person with replacement accommodation, they remain in the flat they occupy, running up ever greater arrears.

This is a big problem especially in rented flats. The owner cannot "get rid of" an unwanted tenant who does not pay rent, so it is the owner who bears the losses. As we can see, eviction from a flat with arrears is a time-consuming process that is hard to carry out.

There is, however, a way to pursue one's rights – the property owner may claim compensation from the municipality, since it is the municipality's duty to provide the debtor with a social flat, and therefore in the eyes of the law it is to blame for the owner's losses.