Who Cannot Be Evicted in Poland: The Right to Social Housing
When a court orders an eviction, it has to check, on its own initiative, whether the person being evicted has a right to social housing, and for certain people it's obligated to grant that right. Until the municipality provides such housing, the eviction simply can't be carried out, no matter how much of a hurry the owner is in.
Short version
The court must grant the right to social housing to, among others, pregnant women, people with disabilities, the seriously ill, retirees and pensioners who meet social assistance criteria, the unemployed, and minors, unless they have somewhere else to live. Evicting these people waits on the municipality providing housing, which can take years.
Who's protected from being evicted onto the street
- Pregnant women.
- People with disabilities as defined by law, or the seriously ill.
- Retirees and pensioners who meet the criteria for social assistance benefits.
- Unemployed people.
- Minors, if they have nowhere to live together with their guardian.
This isn't a discretionary list. The court is required to apply it on its own initiative, regardless of whether either side raises it. The full catalogue of protected people is set out in Poland's Act on the Protection of Tenants' Rights.
What this actually means for the property owner
A property with a tenant who's hard to formally remove practically doesn't sell on the regular market. A buyer using a mortgage needs an empty unit, banks insist on it. We buy properties with a tenant covered by this kind of protection and take the remaining formal steps off your hands.
When it's worth calling
If you've been waiting on the municipality for social housing for months or years, selling the property with this encumbrance attached is possible right now. We'll check where the case actually stands, factor it into the valuation, and close the deal instead of waiting alongside you for the municipality to move.
Honest terms if you decide to sell
- The price is 70-90% of market value, accounting for the tenant's legal situation.
- The valuation is free, ready within 2 days of contact.
- Closing happens from 4 days after you accept the offer.
- We take the remaining formal steps regarding the tenant off your hands.
Disclaimer
This article is for general information only and does not constitute legal or tax advice for your individual situation. The law can change and every case is different. Before making a decision, consult a qualified lawyer, tax advisor, or notary.
If waiting for social housing for your tenant is starting to weigh on you more than the sale itself, call. We'll tell you plainly what a valuation looks like in this situation.
Straight answers
Who cannot be evicted in Poland without the municipality providing social housing?
Who provides the social housing unit?
How long can someone wait for social housing?
Does the property owner bear the cost of this wait?
Can you sell a property with a tenant protected from eviction onto the street?
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