Who has the right to enter an apartment without permission

Who has the right to enter an apartment without permission

Who has the right to enter an apartment or house in Poland without a warrant or consent of the owner? Is it necessary and when to let the police, city guard, official, postman, bailiff in? For what reason? What is home peace and what is its violation?

Who has the right to enter an apartment or house in Poland without a warrant or consent of the owner? Is it necessary and when to let the police, city guard, official, postman, bailiff in? For what reason? What is home peace and what is its violation?

What is home world?

Home peace is the right to unhindered use of a house, apartment, premises or fenced area. Thus, the owner of the property has the right to decide which unauthorized persons, when and under what conditions may be on his premises and on the territory belonging to him.

In addition to the owner, such a right is granted to users of the house, apartment or territory, as well as to persons who are at least temporarily authorized to manage the right of access to these places. This could be, for example, a tenant of an apartment or a neighbor who, at your request, guards your house when you are on vacation, that is, carries out the so-called supervision of the house and property in your absence.

Violation of home peace - what can this lead to?

Violation of home peace may include:

• entering someone else's property or

• not leaving it contrary to the request of the owner (or the person who has the right to dispose of the property).

An encroachment on real estate is considered to be any form of penetration (entry) into someone else's closed apartment or other premises protected by the “home world” against the explicit will of its owner. Thus, entry into someone else's property will occur not only with the use of force (for example, when someone pushes the owner away with force, knocks down a door, or gets into the house against the protests of an authorized person), but also without the use of force (when someone enters through a damaged section of the fence or even through a door or gate, posing as another person, for example a courier). Thus, we are talking not only about overcoming a physical obstacle, but also about violating someone’s will. This will can be expressed by closing a door or gate; it does not have to be expressed directly. It is important to note that in order to recognize that there has been an invasion of property, its territory must be fenced. A fence indicates that the owner or authorized person does not want the access of third parties.

Failure to leave the site occurs when the trespasser entered the territory legally, but later became an undesirable person and, despite the request of an authorized person, does not leave the site. So it could even be a friend or family member invited as a guest to a meeting whose behavior you no longer like and so you ask him to leave. It is important that the requirement to leave the property must be firm and explicit, and not just implied. Only then will the behavior of the person to whom such a demand was unsuccessfully addressed become illegal.

What is the punishment for disturbing domestic peace?

According to the provisions of the Criminal Code (Article 193), violation of domestic peace is a crime against freedom. A violator of domestic peace faces a fine, restriction of freedom or imprisonment for up to one year.

Is it necessary to let the police into the apartment and for what reason?

You are obliged to allow in police officers who intend to conduct a search in order to: locate, detain or forcibly bring in a suspect or find things that can serve as evidence in a case or are subject to seizure in a criminal proceeding, but on the condition that they provide you with a corresponding order from the court or prosecutor (order). The search should always be conducted with the participation of a witness, who could be, for example, another officer or a neighbor you asked.

The search can take place between 6.00 and 22.00 and only in exceptional cases at night (for example, in case of a threat to life or concealment of traces of a crime; a police officer can enter without a warrant, but must be in uniform and show his official identification, and the warrant must be served within 7 days). The police cannot enter a house to issue instructions regarding disturbances of the peace at night or daytime noise. She can give you such instructions through the door. If a local police officer knocks on your door and asks a few questions, you are not obligated to let him in. In such a situation, you will receive a summons to the police department, where you will have to give appropriate explanations.

Should border guards be allowed into the house?

Border guard, forestry, fishing and hunting officers may enter an apartment without any warrant if it serves to carry out their duties, for example, to conduct an inspection or search for evidence of a crime. Obstructing their access to the premises exposes you to criminal liability. These officers may also verify the identity of persons found and search vehicles.

Should city guards be allowed into the apartment?

Municipal and commune guards have the right to enter the premises without a warrant, including to check what is being burned in the stove.

Is it necessary to allow an employee of the tax office, sanitary inspection, or sanitary services into the apartment?

Their visit to your home must be justified, arising from signed contracts for the provision of services or the suspicion of some kind of threat. Employees of these services must have identification cards or identifiers, and also present documents confirming the verification (and security forces must be in uniform).

Can the fire department enter your home without a warrant?

The fire department has the right to enter your property in the event of a threat to human life, health or property. She doesn't need any warrants for this.

Should a bailiff be allowed into our home?

In the event of an outstanding debt, the bailiff has the right to enter the premises to enforce a judicial penalty, even against the will of the tenant. However, you have the right to request identification and written permission from the presiding judge of the district court. If the bailiff intends to enter the premises by force, he must be accompanied by the police. Law enforcement activities should not be carried out on holidays or at night. This is only possible in special cases based on appropriate judicial authorization.

Is it necessary to allow employees of electrical and gas organizations into the apartment?

The issue of their access to meters and other equipment located on the property is regulated by the provisions of specific contracts for the supply of utilities. You have the right to require a valid form of identification showing the employee's name and company name. Such persons must also inform about their visit in advance (in writing or by telephone). It happens that utility service providers in the contract reserve the right to enter the house in a situation where the company suspects theft of utility services. Then they can inspect all the equipment in the residential premises, as well as inspect and check the meter readings. If you do not let them in, they will have the right to call the police or terminate the contract with you and cut off the supply of electricity, water or gas.

When can security enter your property?

Security agency employees can enter the facility if the alarm is triggered and the patrol intervention has not been canceled, if this is specified in the agreement concluded with the agency. Then the guards will be able to identify the person on your premises.

When can a neighbor enter your territory?

A neighbor has the right to enter your territory if he has received permission from the mayor to do so. We are talking about situations where such entry is necessary due to construction work being carried out at a neighbor’s place, and the matter could not be resolved peacefully.

When should the postman be allowed into the house?

You are not required to let the postman into your home to pick up your package. In such cases, he will leave a notification in our mailbox. The postman also does not have the right to check whether you pay a subscription fee for radio and television, whether you have an RTV receiver or whether it is registered. This right is granted only to special controllers of the Polish Post, but they can only cross the threshold if you give your consent. If you want the mailman to come inside, remember that he must be wearing a work uniform and have visible identification.

Source: website muratordom.pl