Deposit Deductions for Tenants in Poland

As a tenant in Poland it is important to know the rules about deductions from a security deposit to avoid losing money or complicating claims. This article explains when a landlord may deduct costs, which repairs are typically covered by the deposit, what evidence to collect and what deadlines apply to settlement. I describe simple steps to recover overpayments, how to respond to unjustified deductions and when it is worth taking the case to court. The advice is practical and tailored to tenant situations — from minor damages to longer disputes about the apartments condition. The information refers to applicable laws and court practice in Poland.

What can the landlord deduct?

The landlord may deduct from the deposit documented repair costs resulting from excessive wear or damage for which the tenant was responsible. Normal signs of use should not be deducted. Each deduction requires justification and documentation of costs, and the details are governed by housing law and the civil code.^[1]

How to calculate deductions?

Deductions must correspond to actual repair or replacement costs. If a repair increases the apartments value beyond the pre-damage state, the landlord cannot demand a full replacement without justification. For larger costs ask for a detailed estimate.

• Repair costs that match actual invoices and receipts.
• Reduction of the deposit only up to the amount of documented expenses.
• No deductions for normal wear from using the apartment.

Documentation and evidence

Collect handover protocols, photos of the apartments condition, receipts and contractor invoices. Good photos and dated emails are often decisive evidence in a dispute. In court these documents help prove the unjustified nature of deductions.^[2]

• Handover protocol signed by both parties.
• Photos and recordings documenting the apartments condition at move-out.
• Receipts, invoices and contractor estimates.

What to do if the landlord deducts without basis?

First ask for a written explanation and bills. If the answer is unsatisfactory, send a demand for return of the overpaid deposit with a deadline. If the landlord does not comply, file a lawsuit in the district court.

• Demand for return with a specified deadline for response.
• Attach evidence proving the apartments condition.
• Notify the intention to bring the case to the district court if no return is made.

Frequently Asked Questions

Can the landlord deduct the deposit for replacing all fittings?

They can only do so if the damage was caused by improper use and the replacement cost corresponds to a real necessity; otherwise the court may refuse such a deduction.

In what time should the landlord settle the deposit?

The law does not set a uniform deadline, but settlement should occur within a reasonable time after the lease ends; it is good to specify this in the lease agreement.

What to do if the landlord does not return the deposit at all?

Send a demand for return, and if there is no reaction you can file a claim in the district court for return of the deposit with interest.^[3]

How to proceed

1. Collect all evidence: protocols, photos, receipts and messages.
2. Ask the landlord for a written settlement and invoices for performed work.
3. Send an official demand for return of the deposit with a deadline.
4. If the demand fails, file a lawsuit in the district court with attached evidence.
5. Consider legal assistance or mediation if the case is complex.

Key takeaways

• Keep documentation from the start of the tenancy.
• Do not agree to deductions without receipts and estimates.
• You can pursue claims at the district court if necessary.

Help and resources

• Ustawa o ochronie praw lokatorów (ISAP)
• Information for tenants (gov.pl)
• Information on courts and procedure (ms.gov.pl)

1. [1] Ustawa o ochronie praw lokatorów (ISAP)
2. [2] Informacje dla najemców (gov.pl)
3. [3] Informacje o sądach i procedurze (ms.gov.pl)