Documents: deposit and overdue rent in Poland
If a landlord wants to deduct the deposit to cover overdue rent or charges interest, it is important to collect clear documents and know your rights as a tenant in Poland. This article explains which pieces of evidence help in talks with the landlord and in court: the lease agreement, proof of rent payments, inventory reports, correspondence and repair invoices. We also describe practical steps — how to request a detailed settlement, how to file complaints and when to take the case to court. We outline deadlines for claims, how to store evidence and when you should respond to the landlord's letters. The article includes sample letters, a document checklist and tips for preparing a case for the Civil Division of the district court.
When a landlord can deduct the deposit
A landlord may deduct the deposit if they have documented rent arrears or repair costs, in line with tenant protection regulations.[1]
Common situations include:
- Proof of rent payments (rent) — bank transfers, cash receipts.
- Lease agreement (document) — clauses about the deposit and deductions.
- Correspondence with the landlord (mail) — e‑mails, SMS, payment demands.
- Repair invoices (repair) — bills, receipts, service confirmations.
- Photos and videos documenting the apartment condition (photo).
How to request a settlement
Ask the landlord for a detailed written settlement: amounts, legal basis and supporting evidence. Sending the request by e‑mail or registered mail creates a communication trail that helps in any dispute.
- Send a written request for settlement and keep a copy (email or registered letter).
- Attach proof of rent payments and evidence of costs the landlord claims to deduct.
- Request invoices or receipts that support the alleged repair costs.
If you disagree — court route
If the landlord does not reply or the settlement is unclear, you can go to court, the district court, Civil Division. Tenancy and deposit disputes are handled by common courts; prepare a full set of documents and copies before filing a claim.[2]
FAQ
- 1. Can a landlord keep the entire deposit without explanation?
- No. The landlord should provide a detailed settlement and evidence of incurred costs or arrears.
- 2. How long should I keep proof of rent payments?
- It is recommended to keep payment confirmations at least one year after the tenancy ends, and longer if there is a dispute.
- 3. Can I file a claim on my own?
- Yes — many civil claims can be filed without a lawyer, but legal advice helps prepare evidence and the court filing.
How to
- Gather documents: lease agreement, proof of payments, photos and correspondence (document).
- Request a written settlement from the landlord and keep proof of sending (mail).
- Negotiate or send a payment demand; if that fails, send a formal demand letter.
- Prepare a claim for the district court with attachments and evidence (court).
- At the hearing present organized evidence and seek return of any overcharged deposit or compensation.
