A rent increase — what the owner may do and what the tenant may do

The owner of a flat in Warszawa may raise the rent by giving notice in writing — under pain of nullity — of its current amount, observing a notice period of at least 3 months effective at the end of a calendar month (art. 8a of the Act of 21 June 2001 on the protection of tenants’ rights, legal status as of June 2025). Increases may not be repeated more often than once every 6 months, and if the new rent on an annual basis exceeds 3% of the replacement value of the premises — for Warszawa this is the product of the floor area and the voivode’s index of 11,190.67 PLN per m² (period April–September 2025) — the owner must, at the tenant’s written request, present a calculation of the increase within 14 days, otherwise it is invalid.

The tenant has 2 months from delivery of the notice to refuse the increase in writing (the agreement is then terminated at the end of the notice period) or — when the increase exceeds the 3% threshold — to challenge it in court, requesting a ruling that it is unjustified or justified in a different amount. Until a final ruling or the termination of the agreement, the tenant pays the previous rate.

How long is the notice of a rent change and when does the increase take effect?

The rules for flats rented for residential purposes are governed by art. 8a of the Protection of Tenants’ Rights Act, and not by the general provision of the Civil Code on one-month notice (that one applies mainly to commercial premises). The notice must be in written form under pain of nullity, must indicate the current and the new rate and the date on which the change takes effect. The notice period is a minimum of 3 months and runs with effect at the end of a calendar month — if the letter was delivered on, say, 12 June 2025, the new rate will only apply from 1 October 2025 (July, August and September are the full months of the notice period).

The lease agreement may provide for a period longer than the statutory 3 months, but not shorter — such a clause would be invalid against the tenant. In addition, the act prohibits raising the rent more often than once every 6 months, counted from the day on which the previous increase actually came into force. This limit does not cover charges independent of the owner, that is utilities settled by meter readings.

What is the 3% of the replacement value threshold?

The act protects tenants with a limit: if the rent on an annual basis exceeds 3% of the replacement value of the premises (or already starts from such a level), the increase requires justification. The replacement value is calculated as the product of the usable floor area of the premises and the conversion index of the cost of replacing 1 m², announced every six months by the voivode. For Warszawa, in the period from 1 April to 30 September 2025, this index was 11,190.67 PLN per m².

For example — a 50 m² flat in the capital: the replacement value is 50 × 11,190.67 PLN = 559,533.50 PLN, and 3% of this amount on an annual basis gives 16,786 PLN, that is about 1,399 PLN per month. The statutory threshold in Warszawa is therefore largely formal today — the median market rent for a flat of this size reaches several thousand zloty, so almost every agreement already exceeds it, and the owner should be ready to present a calculation of the increase at the tenant’s request.

What rights does a tenant have after receiving a notice?

From the day the notice is delivered, the tenant has 2 months to decide. During this time the tenant may:

• demand a written calculation — for an increase above the 3% threshold; the owner has 14 days, and a lack of response invalidates the increase;
• refuse to accept the increase in writing — this applies to every increase; it results in termination of the lease at the end of the notice period, and until then the old rate applies;
• challenge the increase in court — only above the 3% threshold; the burden of proof rests on the owner, and until a final judgment the previous rate is paid.

If the tenant does not react in any of the above ways, the new, higher rate starts to apply automatically after the notice period expires.

How does a rent increase compare with the Warszawa rental market in 2025?

Market data show why negotiating the rate is often more effective than a legal dispute. In January 2025 the average asking expectations in Warszawa ranged from about 2,980 PLN for studios to over 10,400 PLN for the largest flats — the table below is based on Otodom Analytics data.

Floor area	Average asking price (January 2025)	Year-on-year change
up to 40 m²	2,980 PLN	-1.0%
40–59 m²	3,934 PLN	+2.4%
60–89 m²	5,793 PLN	-0.4%
90 m² and more	10,453 PLN	-7.8%

In the first quarter of 2025 Warszawa remained the most expensive city in Poland with a rate reaching 78 PLN per m² (data from Rankomat.pl and Rentier.io), and for studios of up to 35 m² — even about 91 PLN per m². The annual change in rental prices across all the analysed cities averaged about 6%, that is above the average annual CPI inflation for 2024 (3.6% according to GUS) — this is an important point of reference, because the act treats an increase not exceeding precisely this index as automatically justified.

How to negotiate a rent increase with the owner?

Before you respond to the notice, check three things: when the last increase took place (6 months must have passed), whether the new rate fits within the market range for similar units in the same district, and whether the letter meets the formal requirements. Only with this knowledge is it worth sitting down to talk.

In practice, concrete proposals work best: a smaller increase in exchange for extending the agreement for a longer period, spreading the rise over two stages instead of a single jump, or a commitment from the owner to a specific renovation or repair in exchange for accepting the rate. A solidly drafted lease agreement with clear rules on increases limits the room for dispute at this stage from the start — which is why, for tenants looking for a place through us, we explain these clauses before signing as part of our support for tenants.

When is it worth refusing an increase, and when is it worth agreeing?

A refusal makes sense when the new rate clearly departs from the market and moving out is a realistic option — remember, however, that it results in the end of the lease after the notice period expires, so you need to find new accommodation in that time. Going to court makes sense only when the increase exceeds the 3% of replacement value threshold — below that threshold the act gives no grounds for a challenge, leaving only refusal or acceptance.

If the rate after the increase fits within the market range and the tenant values the location and stability, agreement combined with negotiating the date on which the change takes effect is often more advantageous than a dispute, which anyway ends with paying the difference plus interest if the court finds the increase justified.

Do the rules differ for najem okazjonalny or a fixed-term agreement?

The provisions on giving notice of the rent amount from art. 8a also apply to najem okazjonalny (occasional lease) — this form of agreement differs mainly in the eviction procedure and the deposit, while the increase mechanism remains the same: written notice, a 3-month period, the 3% threshold and the right to refuse or sue. A fixed-term agreement does not automatically exclude these rules either, unless the parties have written in a separate procedure for changing the rent.

Which mistakes in a notice invalidate a rent increase?

The most common reasons why an increase produces no legal effects:

1. lack of written form or lack of the owner’s handwritten signature;
2. a notice period shorter than 3 months, or an effective date set during the month rather than at its end;
3. lack of a written calculation within 14 days of the tenant’s request, when the increase exceeds the 3% threshold;
4. another increase introduced before 6 months have passed since the previous one;
5. delivery of the letter in a way that cannot be proven (e.g. without confirmation of receipt or the return receipt of a registered letter).

Each of these mistakes gives the tenant solid grounds to question the increase, regardless of whether the rate itself fits the market.

A rent increase is one of the most common points of dispute in Warszawa rentals, but with a well-constructed agreement and knowledge of the deadlines it rarely ends in conflict. The allproperty team helps both owners to prepare a correct notice and set a rate in line with market realities, and tenants to verify whether the increase they received meets the requirements of the act — see the offer for owners or contact us before signing or renegotiating a lease agreement in Warszawa. The deadline to react runs from the day the letter is delivered regardless of the time or day of the week, so if the notice reached you on a Friday evening or on a Saturday, you do not have to wait until Monday — we work 24/7, call straight away: +48 666 866 468 or +48 692 649 839.