# The tenant isn't paying — a step-by-step guide > Unpaid rent is a landlord's worst scenario. Instead of panicking, act in a proven order: from a reminder, through a formal demand and termination, to eviction. Here's the step-by-step plan. Published: 2026-05-26 Updated: 2026-08-26 Source: https://smartrentier.com/blog/tenant-not-paying-what-to-do Tags: Law, Finance --- ## First: don't panic, document A late payment doesn't always mean bad faith — sometimes it's a missed transfer or a temporary cash problem. Before reaching for legal measures, make sure you have a **complete payment history**: who paid, how much, and when. That is your most important evidence if the case goes to court. ## Step 1: a calm reminder Send a short, polite reminder — a message or email — with the amount, due date and account number. In many cases that's enough. Keep the message: it proves you tried to resolve things amicably. ## Step 2: a formal demand for payment If the reminder doesn't work, send a **written demand for payment** (ideally by registered mail with proof of delivery). It should include: - The exact arrears, broken down by month - A payment deadline (e.g. 7 days from receipt) - The account number and payment reference - Notice that **statutory late-payment interest** is being charged - A warning about the next steps (termination of the lease) ## Step 3: terminating the lease for arrears For residential leases, the Tenant Protection Act applies. You may terminate the lease when the tenant is **in arrears for at least three full payment periods**. The procedure is strict: 1. Warn the tenant **in writing** that you intend to terminate the lease. 2. Set an **additional one-month deadline** to clear the arrears. 3. Only after it passes without payment may you terminate the lease in writing — with a one-month notice period, effective at the end of a calendar month. Skipping any of these steps makes the termination invalid — which is why the order and the written form are crucial. A ready template and the full catalogue of grounds for termination, not only arrears, are in the article on [a landlord's notice to terminate a lease](https://smartrentier.com/blog/landlord-notice-to-terminate-a-lease-template-and-legal-grounds). ## Step 4: recovering the property — two paths **Occasional lease** — the fastest route. If the tenant signed a notarial declaration of voluntary submission to enforcement, then after termination and a demand to vacate you apply to the court for an enforcement clause, and a bailiff takes over — with no separate eviction trial. **Standard lease** — the longer route. You need a **claim for payment** (the arrears, e.g. via electronic order-for-payment proceedings) and a separate **eviction claim**. The court issues an eviction judgment, but a bailiff carries it out subject to tenant protection. ## Keep in mind: tenant protection - **No "eviction onto the street"** — the court decides whether the tenant is entitled to social housing or temporary premises. - **Protected period** — eviction to temporary premises is not carried out between 1 November and 31 March if the tenant has nowhere to go. - **Deposit** — you can use it to cover part of the arrears, but it rarely covers several months of debt, and the deduction must be documented exactly as in an ordinary [deposit settlement at the end of a tenancy](https://smartrentier.com/blog/security-deposits-how-to-avoid-disputes-at-move-out). ## How to protect yourself in the future? The best debt collection is the one you never have to run. Four things help: [screening the tenant before signing](https://smartrentier.com/blog/how-to-screen-a-tenant-before-signing), taking a deposit, using the occasional-lease form, and keeping **up-to-date payment records** so you spot arrears on day one, not after three months. How to keep those records so they catch underpayments and mistyped transfer references is covered in the article on [error-free rental accounting](https://smartrentier.com/blog/error-free-rental-accounting). ## How does SmartRentier help? In SmartRentier every payment and arrear is recorded with a date — you have a ready **payment history as evidence**. The system reminds you of due dates and shows which tenant is behind and by how many months, so you react immediately. All communication with the tenant — through the built-in messaging module — sits in one place, invaluable when you need to prove you tried to recover the debt amicably. Start for free — the Kawalerka plan is free forever, no card required. You only pay when you need more properties. _This article is for information only and does not constitute legal advice. For disputes, consult a lawyer._ --- PL: https://smartrentier.com/blog/najemca-nie-placi-co-robic.md