Deposit and Back Rent: Tenants in Poland

Security deposit – refund, deductions, limits 3 min read · published September 11, 2025

A security deposit protects the landlord against damages and arrears, but the deposit cannot always be automatically deducted for back rent or interest. This text explains what rights a tenant has in Poland, when a landlord can deduct part or all of the deposit, and what evidence and deadlines you should know to recover your money. We will cover court steps, documentation, and practical advice on how to respond to payment demands and which institutions can help. The material is intended for tenants without specialized legal knowledge.

What does deduction of the deposit mean?

A deposit deduction is an action by the landlord to retain part or all of the deposit to cover rent arrears, interest, or repair costs. The landlord does not always have the right to immediate deduction — they must show a legal basis and the amount of the claim and document damages or arrears. If the tenant disputes the deduction, the case can go to civil court.

The tenant has the right to request an accounting of the deposit and evidence of any deductions.

Legal basis

The most important regulations concerning deposits and tenancy are in the Act on the Protection of Tenants' Rights and in the Civil Code, which govern settlement and return of deposits.[1][2]

Examples when the deposit can be deducted

  • Back rent (rent): the landlord may deduct the deposit to cover documented arrears.
  • Interest on arrears (deposit): interest charged under the agreement or law may be covered by the deposit.
  • Property damage: repairs exceeding normal wear require evidence and an estimate.
  • No handover protocol: without a protocol it is harder to assess which damages were caused by the tenant.
Taking photos when handing over the property increases your chances of getting the deposit back.

How to defend against unjustified deductions

If the landlord wants to deduct the deposit, ask for a written accounting, invoices or receipts confirming the costs. Keep all rent payment proofs, correspondence and protocols. If the deduction is unclear or excessive, you can demand explanations and, if necessary, file a claim in the district court (civil division).

  • Gather evidence: lease agreement, payment confirmations, repair receipts, photos (evidence).
  • Request a detailed written settlement (notice).
  • If no agreement, consider taking the case to the district court (court).
Respond promptly to the landlord's letters to avoid losing statutory deadlines.

Costs, deadlines and interest

The landlord may deduct only documented costs and arrears. Return deadlines for the deposit are usually set in the lease — in practice the landlord should settle within a reasonable time after the tenancy ends. Interest on arrears is charged according to the Civil Code or the agreement.[2]

What to do if the deposit is not returned

  • Check the lease and return deadlines, then ask the landlord for a written explanation (within).
  • Try negotiation or mediation with the landlord (contact).
  • If negotiations fail, file a claim in the district court (court).
Keep copies of all documents and payment confirmations before filing a court claim.

FAQ

1. Can the landlord deduct the entire deposit without explanations?
No. The landlord must provide a detailed accounting and evidence justifying the deduction of the deposit; without them the tenant can claim the return in court.
2. What documents are best to recover the deposit?
The lease agreement, rent payment confirmations, handover protocol, photos of the property condition and repair invoices.
3. Where to file a claim if the landlord does not return the deposit?
A claim for the return of the deposit is filed with the district court having jurisdiction over the location of the property (civil division).

How to

  1. Collect all documents and photos proving the condition of the property and payments.
  2. Ask the landlord for a written accounting of deductions and the deposit return deadline.
  3. Try mediation or contact legal advice if the accounting is unclear.
  4. If no agreement, prepare a claim and evidence for the district court.

Help and Support / Resources

  1. [1] ISAP — Act on the Protection of Tenants' Rights and other acts
  2. [2] ISAP — Civil Code (provisions on obligations)
  3. [3] Gov.pl — Guide for tenants and official information

Categories

Tenant Rights Act – tenant rights Fixed-term vs open-ended tenancy – differences Security deposit – refund, deductions, limits Rent – increases, CPI indexation, reductions Utilities & charges – settlements, waste, meters Repairs & maintenance – tenant/landlord duties Works and right of entry Tenant termination – notice & form Landlord termination, arrears & eviction Check-in/out protocol, keys & handover Heating & hot water – underheating, failures Defects: damp, mould, unfit conditions Nuisance & neighbours – noise, quiet hours Pets in rentals – rules Subletting & short-term lets (Airbnb) Occasional & institutional lease – differences Shared tenancies & room rentals Damage & liability (deductions/insurance) Offences & liability – electricity theft etc. Municipal & social housing – rules Housing & energy allowances Disability & reasonable adjustments (access) Landlord access & viewings Rent clauses & indexation (CPI/GUS) Templates – tenant termination letters GDPR: data protection & tenant documents Mediation & dispute resolution
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Poland

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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