Rent Reduction for Apartment Defects: When a Tenant Can Claim It
Yes, a rent reduction for defects in a rented flat is possible. The tenant can demand an appropriate reduction for the time a defect limits the flat’s fitness for the agreed use. This is set out in Art. 664 § 1 of the consolidated Polish Civil Code. There is one catch: if the tenant already knew about the defect when signing the lease, no reduction is due. A real-life scenario? You get a message that the radiator in one room has not worked for a week, and the tenant warns they will transfer less this month. Below we break down when they are entitled to do that and how to reply.
When can a tenant demand a rent reduction for defects?
When a defect that limits the flat’s usability, such as a heating failure, appears during the tenancy. And only for the period the defect lasts. The starting point is Art. 662 § 1: the landlord must hand over the flat in a condition fit for the agreed use and keep it that way for the whole tenancy. Art. 663 adds rules on reporting repairs that fall on the owner. The reduction does not cover the whole lease. It covers only the time the fault lasts. How much? There is no table or fixed rate (and that is a good thing, because every fault is different). What counts is how much the defect gets in the way of living in the flat. If the parties cannot agree, a court will set the amount.
And here is something many people forget: the law gives the tenant the right to demand a reduction. Cutting the payment on their own without agreement is a different story. A tenant who does that acts at their own risk. If a court finds the reduction too high or not due at all, the difference may be treated as arrears.
Defects in a rented flat: what counts and what does not
Not every inconvenience is a defect. It has to be a fault that genuinely limits using the flat as agreed in the lease. Grounds for a claim can include, for example:
- heating that does not work in a room during the heating season,
- no hot water,
- a leaking roof or leaking pipes,
- faulty electrics in part of the flat.
And what usually will not count as a defect? Cosmetic issues, normal wear and tear, and faults that fall under minor repairs. Under Art. 681, minor repairs are the tenant’s responsibility, so it is hard to demand a reduction because of them. When weighing up defects and rent, scale matters too. The whole flat? One room? Or just one piece of equipment? That makes a difference.
A defect known at signing: why the handover report matters
A tenant who knew about a defect when the lease was signed cannot demand a reduction or terminate the lease because of it. Art. 664 § 3 settles this. How do you prove it? The simplest way is a handover report on the flat’s condition, signed by both parties. A detailed description, ideally with photos, works in practice like an insurance policy for both sides. The owner is not liable for faults the tenant accepted. The tenant, in turn, does not pay for damage they did not cause. A fair deal.
The tenant demands a rent reduction: how the landlord should respond
First: stay calm. Treat such a message as notice of a defect. Check the fault and reply in writing with a repair plan. In my view, this order works best:
- Confirm you received the report and note its date.
- Arrange an inspection or a visit from a repair service.
- Assess whether the fault really limits the flat’s usability.
- Fix the defect within a reasonable time.
- Take a position on the rent for the period of the defect: agreement, partial agreement or refusal with reasons.
The date of the notice can decide the matter if it comes to termination. In Tenanto, the repair board with statuses and the tenant’s request history show when a fault was reported and what was done about it. Fixing a defect is the owner’s duty. And if the tenant paid for something out of their own pocket? Then the rules for settling renovation costs come in handy. Put every agreement about a reduction in writing. Even just in an email.
Terminating a lease because of defects: when no notice period applies
Here the stakes are higher. The tenant can terminate the lease without notice when a defect makes it impossible to use the flat and the owner, despite being notified, has not fixed it within a reasonable time or it cannot be fixed (Art. 664 § 2). The line is fairly clear. A defect that only limits usability gives the right to a reduction. One that makes living there impossible can end the lease overnight. The condition? The landlord must have been notified first. That is why a quick response to the tenant’s letter genuinely reduces this risk. In other cases, the standard lease termination notice periods apply.
Rent reduction for defects: key takeaways
A tenant is entitled to a rent reduction for defects that limit the flat’s usability, for the time they last, and only if they did not know about them when the lease was signed. The amount depends on how much the defect gets in the way. No agreement? A court decides. The owner’s best defence is actually simple: a quick response and a documented repair. And if the dispute is about the amount of the rent reduction for defects or whether a termination is justified, I recommend consulting a lawyer.
Frequently asked questions
The tenant can demand an appropriate reduction for the time the heating does not work. It is a defect that limits the flat’s usability, no question about it. You can agree on the amount together, keeping in mind that the problem affects one room, not the whole flat. If you cannot agree, a court will decide.
The Civil Code gives the tenant the right to demand a reduction, not to cut payments automatically. A one-sided deduction exposes them to a dispute over arrears if the reduction turns out to be not due or too high. The safest option? Agree on the amount together and put it in writing.
No, if the tenant knew about the defect when the lease was signed. In that case Art. 664 § 3 takes away both the right to a reduction and the right to terminate without notice. A report signed at the handover of the keys is the best proof of this.
