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Eviction from a private flat for debts

Eksmisja z mieszkania własnościowego za długi

You can be evicted from your apartment for too long. This also applies to owners of proprietary apartments. Then, we can be evicted because the bailiff takes over the apartment for debt repayment. What can we do if we are in such danger?

We are responsible for debts with our personal assets. If we have an apartment, then it is also part of this property and can be taken over by the debt collector.

It is best to avoid such a situation, i.e. when it comes to debt, we should contact the creditor and try to settle the matter amicably. Most often, there is a chance to spread the debt into even smaller installments by extending the repayment period. Then we will be able to slowly and systematically donate money and put aside the risk of seizure bailiffs.

As a debtor, you have your rights

As a debtor, you have your rights

However, when things have gone so far that we are threatened with eviction for debts from a private flat, we must remember that even as a debtor we have rights.

Pursuant to the regulations, the bailiff performing the obligation to empty the premises serving the housing needs on the basis of the enforceable title, which does not indicate the right of the debtor to social or replacement housing, must suspend this operation until the debtor will be entitled to a legal title to another premises or premises to live. So, when we have no place to move, we have no rights to social or replacement premises, we can not be evicted.

The eviction may proceed in a situation where the commune competent for the location of the premises to be emptied, at the request of the bailiff, will provide the debtor with a temporary room, provided that the debtor has the right to temporary accommodation.

If the municipality does not indicate a temporary room within 6 months, in this case the bailiff may remove the debtor to the night shelter, shelter or other establishment providing accommodation, which the municipality is obliged to indicate the premises to be emptied. When the bailiff removes the debtor to a night shelter, shelter or other establishment providing accommodation, he must notify the municipality of the need to provide the debtor with a temporary room. This can not take place from November 1 to March 31 of the following year, inclusive.

Many municipalities have difficulties with the lack of social housing, which is why evictions are most often issues that last for years. Therefore, debtors most often stay in indebted premises all the time.

Ask specialists for help

Ask specialists for help

When we are threatened with eviction from the proprietor’s premises, and we do not know what to do, it is best to go to specialists. We can approach lawyers offering their services pro publico bono or take advantage of free legal advice provided in many cities. We can also turn to organizations that deal with the help of evicted persons and those who face eviction.

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