"This is my apartment, I am terminating the lease from month to month" – this statement has already cost many landlords a lost lawsuit. In Polish rental law, termination is asymmetrical: the tenant can leave relatively easily, while the landlord 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 landlords living abroad.
In short: indefinite lease with monthly rent – termination with 3 months' notice, at the end of the month (Article 688 of the Civil Code). Fixed-term lease – only "in cases specified in the agreement" (Article 673 § 3 of the Civil Code); without a clause, you are bound until the end. The landlord can terminate only for reasons from Article 11 of the Tenant Protection Act, in writing and stating the reason – under penalty of nullity. Rent arrears: 3 full periods + written notice + an additional month for payment – only then can termination occur.
Step Zero: What Type of Agreement and Who is Terminating
| Situation | Deadline / Possibility | Basis |
|---|---|---|
| Indefinite term, monthly rent – can be terminated by either party | 3 months' notice, at the end of the calendar month (the agreement may specify other deadlines) | Article 688 of the Civil Code |
| Indefinite term, rent paid less frequently than monthly | 3 months' notice at the end of the quarter | Article 673 § 2 of the Civil Code |
| Fixed term | Only in cases specified in the agreement; without a clause – bound until the end of the period | Article 673 § 3 of the Civil Code |
| Defects in the apartment threatening health | The tenant can terminate without notice – even if they were aware of the defects at the time of signing | Article 682 of the Civil Code |
| Termination by the owner of the residential unit | Always additionally filtered through Article 11 of the Tenant Protection Act (reasons + written form under penalty of nullity + specified reason) | Article 11 § 1 of the Tenant Protection Act |
An important nuance regarding the clause in a fixed-term agreement: case law requires specifying "cases" – specific situations (loss of job, work-related relocation, sale of the unit). The clause "either party may terminate with one month's notice" without any grounds is often challenged as circumventing Article 673 § 3. When drafting an agreement (we wrote about this in the rental agreement guide), include a catalog of grounds – for both parties.
Termination of Lease – Path for Your Situation
The diagram simplifies the rules described in this guide – it does not cover occasional or institutional rentals.
Can and with what deadline can you terminate the lease?
Who are you and what type of agreement do you have?
What reason do you want to terminate?
The landlord can terminate only for reasons from Article 11 of the Tenant Protection Act, in writing and stating the reason – under penalty of nullity. In the case of a fixed-term lease, the cases specified in the agreement also apply.
You are terminating with notice
For monthly rent – 3 months' notice, at the end of the calendar month (the agreement may specify a different deadline); for rent paid less frequently – 3 months' notice at the end of the quarter. You do not need to state reasons. Details in the section "Tenant terminates: simpler, but not always".
You can terminate – with a clause or a statutory exception
For a fixed-term lease, you terminate in cases specified in the agreement. If the defects in the unit threaten health, you can terminate without notice – even if you were aware of them at the time of signing. Details in the section "Tenant terminates: simpler, but not always".
You are bound by the agreement until the end of the period
"Change of life plans" is not a basis for termination. Negotiation and termination by mutual agreement remain – this also applies to fixed-term leases without a clause.
Termination with a one-month notice
This applies to violations under Article 11 § 2: using the unit contrary to the agreement or damaging it despite written warning, gross or persistent violations of household order, subleasing or giving up the unit without the required written consent, and the necessity of demolition or renovation of the building. Details in the section "Landlord terminates: closed catalog from Article 11".
First notice, then termination
Arrears must reach 3 full payment periods. Send a written notice of intent to terminate with an additional month for payment – after one month without payment, you submit a termination with a one-month notice at the end of the month. A termination sent immediately is invalid. Details in the section "Overdue rent: the procedure that is most often mishandled".
Termination with a 6-month notice
Six months applies when the tenant has not lived in the unit for over 12 months or when you want to live there yourself and provide a replacement unit. If after termination "for personal use" you do not move into the unit (or move out before six months), the tenant can return to the old conditions or demand the rent difference for a year, and you cover the moving costs.
Termination with a 3-year notice
Without a replacement unit, termination "for personal use" has a 3-year notice period. If you do not move into the unit afterward (or move out before six months), the tenant can return to the old conditions or demand the rent difference for a year, and you cover the moving costs.
You cannot submit such a termination
The catalog of reasons from Article 11 is closed. When both parties want to part ways, termination by mutual agreement remains.
Landlord Terminates: Closed Catalog from Article 11
With a one-month notice (Article 11 § 2) – for violations
(1) using the unit contrary to the agreement or damaging it despite written warning; gross or persistent violations of household order; (2) rent arrears for at least 3 full periods – after the procedure described below; (3) subleasing or giving up the unit without the required written consent; (4) necessity of demolition or renovation of the building.
With a 6-month notice (Article 11 § 3 point 1) – tenant does not live
When the tenant has not lived in the unit for over 12 months – the landlord can terminate with a six-month notice. A little-known provision, useful for "dead" agreements.
I want to live in my own apartment (Article 11 § 4–5)
With a replacement unit (or when the tenant has a title to a unit of equivalent standard) – the notice period is six months. Without a replacement unit – the notice period is 3 years. And the sanction from § 6: if after such termination the landlord does not move into the unit (or moves out before six months), the tenant can return to the old conditions or demand the rent difference for a year – and the landlord covers the moving costs. "I intend to live there" is therefore not a loophole for quickly vacating the apartment.
Overdue Rent: The Procedure That is Most Often Mishandled
- Step 1 – arrears must reach 3 full payment periods (for monthly rent: three full months).
- Step 2 – written notice of intent to terminate with setting an additional month for payment of overdue and current dues (Article 11 § 2 point 2). This is not yet a termination – sending "termination for arrears" immediately makes it invalid.
- Step 3 – after one month without payment: proper termination, in writing, stating the reason, with a one-month notice at the end of the month.
- Step 4 – lawsuit for eviction, if the tenant does not leave 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" already after 2 full periods of arrears (also after notice 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 Terminates: Simpler, But Not Always
For 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. For a fixed-term lease, they are subject to the same constraints as the landlord: only cases specified in the agreement 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 basis – negotiation or mutual agreement remains.
Mutual agreement beats termination. When both parties want to part ways, write a termination agreement with any date – this also works for fixed-term leases without a clause. Settle the deposit and write a handover protocol – this closes the matter without litigation.
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 sending. The practice is resistant to disputes: registered mail with acknowledgment of receipt (or personal delivery with a receipt). An unclaimed, doubly notified shipment to the correct address creates – according to the Supreme Court's jurisprudence – a rebuttable presumption of delivery (the addressee must prove that they could not receive it). The landlord'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 hindrance to the use of the occupied unit – up to 3 years of imprisonment, prosecuted at the request of the aggrieved party).
- Legal path: lawsuit for eviction → judgment → bailiff. In the judgment, the court decides whether the evicted tenant 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 the unemployed, the court generally cannot refuse 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 replacement unit is indicated (Article 16 of the Tenant Protection Act); the bailiff also waits for the municipality to indicate a temporary room (Article 1046 § 4 of the Code of Civil Procedure). Exceptions: domestic violence, gross violations of order, occupation of the unit without title (Article 17).
- A 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 our guide on occasional rental.
Owner Abroad: How to Conduct This Remotely
- Proxy in Poland with a regular written power of attorney can sign and deliver the termination and notice of arrears; they will also receive return correspondence. You can have your signature notarized by a Polish consul if the other party questions authenticity.
- Keep track of the arrears calendar in advance: the full path "3 months of arrears → notice → 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 notices, proof of sending, 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 statement is made by the tenant at the notary, so the structure also works with the owner across the ocean.
What Must Be Included in the Termination Letter
| Element | Tenant | Landlord |
|---|---|---|
| Details of the parties, designation of the agreement and unit, date | Yes | Yes |
| Unequivocal statement of termination + deadline/date of termination | Yes | Yes |
| Reason | No (unless it is a fixed-term agreement – specify the case from the clause) | Mandatory – from the catalog of Article 11, under penalty of nullity |
| Form | Written for evidential purposes | Written under penalty of nullity |
| Handwritten signature (or proxy's with power of attorney) | Yes | Yes |
Sources
| Source | Type | Status/Reliability |
|---|---|---|
| Civil Code (consolidated text, Journal of Laws 2026, item 795) – Articles 61, 664, 673, 682, 687–688 | Law (act) | Verified 07.2026 (full text) |
| Tenant Protection Act (consolidated text, Journal of Laws 2023, item 725) – Articles 11, 14, 16–18, 19d | Law (act) | Verified 07.2026 (full text) |
| Article 1046 of the Code of Civil Procedure – temporary room in eviction | Law (text of the act) | Verified 07.2026 |
| Article 191 § 1a of the Penal Code – prohibition of "self-eviction" | Law (text of the act) | Verified 07.2026 |
| Supreme Court ruling of 02.06.2021, IV CSKP 74/21 – notice and delivery of the statement (Article 61 of the Civil Code) | Jurisprudence (Supreme Court) | Verified 07.2026 (full text) |
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