If a tenant behaves unsociably by making loud noises during the quiet hours (sometimes referred to as “noise ordinance”), their neighbours usually complain to the management, the landlord or call law enforcement.
Examples of unsociable behaviour include:
- shouting, arguing loudly or fighting with flatmates or family members,
- loud music, radio or television,
- moving furniture or renovating the flat (f.ex. drilling),
- making noises while working from home at night (loud phone calls, etc.),
- misuse of communal areas,
- aggressive behaviour towards other people living in the building, etc.
In such situations, we recommend the landlord addresses the problem first by explaining to the tenant how their behaviour affects other residents. The landlord should also remind the tenant that, by Polish law, unsociable behaviour at nighttime (between 10 pm and 6 am) is an offence.
If that fails, we recommend writing a formal notice describing the tenant's misconduct. The notice should also include information that if the situation does not improve (if the landlord finds out about new complaints), the tenant breach the agreement, and the landlord will have grounds to terminate the tenancy.
In certain circumstances, the landlord may terminate the rental agreement if the tenant persistently behaves in an unsociable manner, even after receiving a warning. To do so, the landlord must provide a written notice setting a reasonable deadline for the tenant to rectify the violation of the agreement's terms.
If the tenant continues to breach the terms of the agreement despite the prior written warning, the landlord has the right to terminate the agreement.
To confirm the grounds for termination, the landlord should have evidence of the tenant's behaviour, such as police reports, written statements from neighbours and the property management, photos or videos.
If you need a draft of the notice or require advice on a specific case, contact our customer support.