When does the rent of the municipal premises expire ?

The limitation is simply a legal mechanics which allows debtors to waive the work to pay the debt after a certain period of time. This besides applies to outstanding rents. The provisions concerning the rental of municipal premises are laid down in item in the civilian Code and in the Act of 21 June 2001 on the protection of the rights of tenants, the housing property of the municipality and the amendment of the civilian Code.

The tenant of the municipal premises is obliged to pay the rent as defined in Article 659 of the civilian Code. The rent may be expressed in cash or another benefits. However, if the municipality does not scope its claims in due time, there may be a statute of limitations as regulated by Articles 117 and subsequent civilian Codes.

Pursuant to Article 117 of the civilian Code, after the expiry of the limitation period, the debtor may waive the satisfaction of the claim unless he waives the usage of the limitation charge after the expiry of that period. Importantly, it is invalid to waive the limitation charge before the expiry of the period. These provisions apply peculiarly to claims against consumers.

Article 118 of the civilian Code specifies the time limits for limitation of claims. In principle, it is six years, but 3 years for interim benefits and business claims. It is besides crucial that the end of the limitation period falls on the last day of the calendar year, unless the period is little than 2 years.

An example of the application of these provisions is the judgement of the territory Court for Łódź – Widzew in Łódź of 7 July 2023 (Event VIII C 652/22). In this case, the tenant successfully raised the charge of limitation of rent claims brought by the city. The Court of First Instance recognised this claim and dismissed the municipality's claim, stressing in the message of reasons that the limitation prevents the recovery of rent arrears after the expiry of a certain period of time.

The court stated, inter alia, in its message of reasons:

Claims for payment of the media as well as interest are claims for interim benefits, and are so subject to limitation with the expiry of a three-year period from the date of their due date, with a claim for interest for hold of limitation being made at the latest upon limitation of the main claim (cf. the ultimate Court judgement of 24 May 2005, act No V CK 655/04). The action in question was brought on 23 August 2022 and it must so be considered that the plaintiff brought an action against the suspect after the expiry of the limitation period. As far as the defendant’s claim of limitation was concerned, the payment of media charges for December 2018 at the latest was due – it was payable until December 10, 2018, so on December 31, 2021, the claim for payment of this claim was limited. another operating charges were due earlier (for earlier months), so they were besides subject to limitation, of course with interest.

The conclusion is that tenants of municipal premises can effectively defend themselves against outstanding rent claims by raising a limitation charge. However, it is crucial that they are aware of the rules and time limits in force so that they can respond adequately to possible claims by the municipality.

I agree that time limits may be complicated and it is worth knowing where they may be interrupted. In accordance with Article 123 of the civilian Code, the limitation period shall be interrupted in the following situations:

1. By acting before a court or another body designated for the designation or enforcement of claims – This includes any formal action to investigate, establish, satisfy or safe the claim. This could be a lawsuit, a request for a payment order, or a referral to a bailiff.
2. By designation of the claim by the individual against whom the claim is entitled – This may be done through partial payment of the debt, submission of a request for payment of the debt, signing a settlement agreement or any another action that may be interpreted as recognising the existence of the debt.

In practice, this means that if the tenant recognises the municipality’s claim in writing, e.g. by signing the agreement on repayment in instalments, the limitation period is interrupted and begins to run again from the minute the claim is recognised.

For tenants, this means that any written designation of the debt may extend the period during which the municipality can effectively recover. Therefore, it is worth to be careful in communication with the municipality in writing, especially in matters concerning rent arrears.

The tenants should be aware that an informal declaration or even a partial debt repayment may have serious legal consequences, including interruption of the limitation period and extension of the period during which the municipality may claim.

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