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Are you in trouble and not paying your rent on time? You will also have to pay default interest on arrears. How much are they now? [15.01.2023]

Disturbing news comes from the banking sector. This is a fairly rapid increase in the number of people who have problems paying their installments on time. This is a signal that confirms the worsening of the financial situation of households. This change is also likely to make rent arrears more common. It is about the rent understood as compensation for the owner of the apartment, as well as the fees for the services of common parts of the building and water, sewerage and heating.

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The debtor’s situation is certainly made more difficult by the fact that the current interest rates of the NBP are record high, which affects the default interest rate. It is worth explaining exactly how much interest is calculated each time the debtor is late with the rent.

In case of late rent, the housing association and cooperative may charge legal interest for such delays. The specified interest rate can be raised to twice the level. Also in the case of a lease, statutory late payment interest is applied if there is a late payment of the rent. An exception is the situation in which a higher interest rate is specified in the lease agreement (but not more than 200% of the legal interest rate for late payment).

The described situation is partly related to the growth of housing loan installments. Households whose mortgage installments have increased by, for example, 100-120% compared to mid-2021 may be faced with the choice of who to pay on time – to the housing association or the bank.

– In this case, many families will choose the loan installment as a priority and will accept the late payment of rent (usually understood as compensation for the community or cooperative) – says Magdalena Markiewicz, expert of the real estate agency NieruchomosciSzybko.pl

The bad news for those late with their housing association or co-op is the high statutory default interest.

It is worth reminding that such legal interest for late payment is stated in Article 481 of the Civil Code, the sum of the reference rate of the NBP and the fixed rate of 5.50 percentage points. Therefore, if we take into account the main rate of the NBP from December 2022, which is 6.75%, it turns out that the arrears carry an annual interest of 12.25% according to the standard.

– This is a high interest rate as a penalty for late payment of rent, although it should be noted that it does not correspond to the current inflation – notes Magdalena Markiewicz.

It is worth adding that late interest may also include payments for water and sewerage for individual facilities (see: Judgment of the Gdańsk District Court of 4 December 2013 – reference number XV C 1375/12). Analogously, the same conclusion can be applied to heating fees for individual spaces.

It is also about district heating and gas that was purchased as an energy source for combustion in the block boiler room – explains the expert.

Even worse news for rent debtors will be the decision of members of the housing association to pass a resolution increasing the amount of interest for late rent payments.

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