Breach of domestic peace and renting a flat

A tenant has the right to use a flat under the agreement made with the owner. Their interests are protected by Polish law. The person who owns the property may not enter uninvited. These matters are regulated by the Criminal Code, which defines what a breach of domestic peace ("naruszenie miru domowego") is. It is worth getting to know this issue and finding out about your rights.

• Renting a flat and breach of domestic peace
• The owner may visit only as provided in the written agreement
• Breach of domestic peace is punishable
• A tenant may change the door locks

Renting a flat and breach of domestic peace

The Criminal Code provides that an owner may not (except in certain cases) enter a flat that he or she has let. By violating this provision, the owner breaches the rules of domestic peace set out in Article 193 of the Criminal Code. It is also worth bearing in mind that the relevant legal rules are described in Article 10 of the Act on the Protection of Tenants' Rights. It specifies the circumstances in which a tenant is obliged to let the owner in:

In the event of a failure that causes damage or directly threatens to cause damage, the tenant is obliged to give immediate access to the premises in order to remedy it.

In many other cases the owner can enter only in the presence of uniformed officers (the police or the municipal guard). In addition, a person who enters the premises in the tenant's absence must secure the premises together with the equipment inside until the tenant arrives. A written record of this is drawn up. The situation described is the only one in which there is no breach of domestic peace. In other cases the law is broken.

READ ALSO – WHAT ARE A TENANT'S RIGHTS AND OBLIGATIONS?

The owner may visit only as provided in the written agreement

The case described above does not mean that the owner has no right at all to enter their own flat. If they reserve such a right in the agreement made with the tenant, it is possible. In a document drawn up this way they may reserve the possibility of visits and how often they take place. It is essential, however, to notify the tenant beforehand. Where there is no such advance notice, a breach of domestic peace occurs. It is worth noting that from the moment of letting, the flat becomes "someone else's" place as far as the owner is concerned, and the owner no longer has the powers arising from the right of ownership.

Breach of domestic peace is punishable

A person who disturbs domestic peace must reckon with the consequences arising from Article 193 of the Criminal Code. According to its wording:

Whoever intrudes into another person's house, flat, premises, room or fenced area, or, contrary to the demand of an authorised person, fails to leave such a place, shall be liable to a fine, restriction of liberty or imprisonment for up to one year

A person who acts against this provision of Polish law commits the offence of breach of domestic peace. Importantly, the offence is committed not only by someone who entered the premises without authorisation, but also by someone who does not leave despite the tenant's requests and insistence.

READ ALSO – WHAT RIGHTS AND OBLIGATIONS DOES A LANDLORD HAVE?

A tenant may change the door locks

In light of the rules described so far, it is worth mentioning one more right that a tenant has. When the owner harasses the tenant and keeps visiting the flat, the tenant may change the door locks. This action is a physical restriction of access to the rented premises.

A breach of domestic peace is an offence under Polish law. It is worth remembering when a given act will be classified as such. Understanding the legal rules is certainly useful. For a more detailed discussion of them you can turn to the experts at REMAX Gold, who will explain the matter.