Publication date: 09.09.2024
Eviction from rented accommodation in Poland: rights of a Ukrainian tenant
Ukrainian tenants living in Poland may face a situation where the landlord demands to vacate the property. It is important to know your rights and the legal grounds for eviction. In this article, we will look at the key aspects of the eviction process and the rights of Ukrainian tenants in Poland.
Legal grounds for eviction
First of all, it is important to understand that eviction cannot take place without legal grounds. The service of legal analysis of a situation will help to determine whether the landlord's eviction request is justified.
The main legal grounds for eviction:
- Violation of the terms of the lease agreement
- Non-payment of rent
- Use of the premises for other purposes
- Expiration of the lease agreement
- The need for major repairs or reconstruction of the building
The service of legal analysis of the documents will help to check whether the tenant's situation meets one of these grounds.
Eviction procedure
Eviction is a legal process that must be carried out in accordance with the established procedure. The lawyer's consultation service will help you understand each stage of this process.
The main stages of the eviction procedure:
- Written notice from the landlord
- Providing a period for voluntary departure
- Filing a lawsuit (if the tenant does not leave voluntarily)
- Court hearing of the case
- Execution of the court decision
A lawyer in Poland can provide the necessary support at every stage of this process.
Tenant's rights during eviction
Ukrainian tenants have certain rights that protect them during the eviction process. The service of a legal opinion of a lawyer will help you understand these rights and use them effectively.
Key tenant rights:
The right to receive a written notice of eviction
The right to a reasonable period of time for voluntary departure
The right to a court hearing
The right to appeal the court decision
The right to alternative accommodation (in certain cases)
The service of legal analysis of the documents will help to check whether these rights are observed in a particular situation.
Question
Can a landlord evict a tenant without a court order?
Answer
No, a landlord cannot evict a tenant without a court order. This would be a violation of the tenant's rights and Polish law. Even if there are legal grounds for eviction, the landlord must follow the established legal procedure, which includes giving a written notice, giving a period for voluntary departure, and only then, if the tenant does not leave voluntarily, applying to the court. The service of legal analysis of a situation can help the tenant understand their rights and options for protection in such a situation.
Protection of tenant's rights
In the event of an illegal eviction, the tenant has the right to protect their rights. The online lawyer service can provide prompt advice on possible actions.
Ways to protect the tenant's rights:
- Filing a lawsuit for illegal eviction
- Claim for damages
- Contacting the police in case of an attempted forced eviction
- Filing a complaint with the relevant authorities
- Mediation with the landlord
The service of a legal opinion will help you choose the most effective strategy for protecting your rights.
Peculiarities of eviction for foreigners
Ukrainian tenants, as foreigners, may face additional nuances during the eviction process. A lawyer in Warsaw can provide specialized assistance taking into account the status of a foreigner.
Features to consider:
- Impact on the status of residence in Poland
- The need to find new accommodation within a limited period of time
- Possible language barriers during legal procedures
- Peculiarities of rental agreements for foreigners
- Interaction with Polish state authorities
The written consultation service can provide detailed explanations on each of these aspects.
Alternatives to eviction
In some cases, it is possible to find alternatives to expulsion that will satisfy the interests of both parties. The service of lawyer's consultation can help to consider such options.
Possible alternatives to eviction:
Revision of the terms of the lease agreement
Restructuring of rent arrears
Temporary rent reduction
Search for a subtenant
Voluntary departure with compensation from the landlord
The legal opinion service will help you assess the feasibility and legal consequences of each of these alternatives.
Question
What to do if the landlord threatens to evict me by force?
Answer
If the landlord threatens to evict you by force, it is illegal and violates the tenant's rights. In such a situation, you should immediately contact the police and record the fact of the threats. It is also important to collect evidence (for example, record the conversation if it is allowed by law, or save written messages). The online lawyer service can provide urgent advice on further actions, which may include going to court to protect the tenant's rights and possibly compensate for non-pecuniary damage.
Preparing for a possible eviction
Even if eviction seems inevitable, proper preparation can make the process much easier. The document analysis service will help ensure that all the necessary steps are taken.
Steps to prepare for eviction:
- Collect all documents related to the lease
- Fixing the condition of the property before moving out
- Planning the moving process
- Notification of the relevant services about the change of address
- Coordinating the procedure for returning the keys and receiving the deposit
The legal analysis service will help to make sure that all legal aspects are taken into account when preparing for eviction.
Consequences of unlawful eviction
A wrongful eviction can have serious consequences for a landlord. Understanding these consequences can help the tenant in negotiations. The service of a legal opinion of a lawyer will help to assess possible sanctions against the landlord in case of violation of the law.
Possible consequences for the landlord:
- Administrative liability
- Criminal liability (in case of forced eviction)
- Compensation for material damage to the tenant
- Compensation for non-pecuniary damage
- Loss of reputation and the ability to rent housing in the future
The service of a lawyer can help a tenant defend their rights and receive proper compensation in the event of an unlawful eviction.
Eviction from a rented property in Poland is a complicated process that requires an understanding of your rights and obligations. For Ukrainian tenants, it is especially important to be aware of local laws and procedures. Ignoring legal aspects can lead to loss of housing, financial losses, and even problems with the status of stay in the country. That is why it is crucial to seek professional legal consultation at the first sign of a possible eviction. Legal Marketplace CONSULTANT offers a wide range of services, from online lawyer's consultation to legal analysis of a situation, which will help you protect your rights and find the best solution in a difficult situation. Do not risk your home and rights - entrust the solution of legal issues to professionals and ensure your peace of mind and safety in Poland.
