Eviction
The court-ordered, bailiff-executed removal of a tenant or occupant from a property, generally requiring a final judgment and, for residential tenants outside an occasional lease, a simultaneous court ruling on their entitlement to social or replacement housing.
Сфера дії: Польща.
Визначення
Eviction (eksmisja) from a residential unit cannot lawfully happen without a final court judgment — a landlord may never simply change the locks or remove a tenant's belongings, even after a valid lease termination. Once the judgment is obtained, it is the court bailiff (komornik sądowy), not the landlord, who carries out the physical removal.
Under the Act on the Protection of Tenants' Rights, when a court orders the eviction of someone who used the unit as their residence, it must at the same time rule on whether that person is entitled to social housing (lokal socjalny) from the municipality. Certain protected groups — pregnant women, minors, people with disabilities, and others in a statutorily defined difficult situation — generally cannot be evicted "onto the street" and the judgment's enforcement is suspended until the municipality provides them a social unit.
This protection is significantly narrower for a tenant under an occasional lease (najem okazjonalny): because that tenant already named a fallback address and its owner consented in advance, the eviction can generally proceed via a simplified, faster procedure without the same social-housing guarantee.
Приклади
A landlord obtains a court judgment against a tenant who stopped paying rent, but still has to wait for a court bailiff to carry out the actual eviction rather than removing the tenant's belongings themselves.
A single mother with young children facing eviction is found entitled to social housing, so the bailiff cannot remove her from the unit until the municipality provides a replacement placement.
A landlord who used an occasional lease evicts a non-paying tenant considerably faster than a landlord under an ordinary lease, since the tenant's pre-signed notarial statement and named fallback address bypass much of the standard procedure.
Як це впливає на купівлю та продаж
Landlords should treat eviction as a last resort measured in months, not days — even an airtight case still runs through court proceedings and then bailiff enforcement, and a tenant protected by the social-housing rule can occupy the unit well after judgment while the municipality arranges alternative housing. This is precisely why the occasional lease's notarized statement is so valuable to landlords: it is designed to shortcut this exact bottleneck.
