How tenants recover deposits in Poland
As a tenant in Poland you can recover a security deposit if the landlord retains it without legal basis. This text explains your rights, which documents to gather, applicable deadlines and steps to take before the court. We describe how to send a demand for return, when to contest deductions for damages, and how to prepare evidence, photos and receipts. The guide also offers quick tips on negotiating with the landlord and when it makes sense to file a claim at the district court. We also explain deadlines to contest deductions, when mediation is an option and how to calculate court and enforcement costs. If you have questions, you will also find a list of documents and a sample demand for deposit return.
What to do first
Check the lease agreement for clauses about the deposit and return deadlines. Take photos of the apartment at move-out and keep all repair receipts if you paid for them. Record dates and content of communications with the landlord, SMS and e-mails. If the landlord claims damages, ask for a detailed list and invoices.
How to document your claim
- Gather evidence: photos, handover report and receipts (evidence).
- Prepare a calculation of the deposit and the requested refund amount (deposit).
- Prepare a written demand for return of the deposit (notice).
Sample demand and sending it
Send the demand for return of the deposit by registered mail or by e-mail with read receipt. In the letter state the requested amount, the deadline for return (e.g. 14 days) and consequences of no response, including going to court. Keep proofs of sending and receipt.
Court route
If the demand does not work, you can file a claim at the district court (civil division). Attach evidence, a copy of the lease, proof of sending the demand and a calculation of the amount owed. In deposit cases, simplified procedures or small claims may be appropriate; each case is different.[1]
What to include in the claim
- Documents: lease, handover report and invoices (notice).
- Communication evidence: SMS, e-mail, delivery proofs (evidence).
- Request for return of the deposit and possible interest (court).
Common problems and how to avoid them
- No handover report — always request a written inventory when leaving the property (warning).
- Unjustified deductions — ask for a breakdown of costs and invoices (deposit).
- No reply from the landlord — document all contact attempts (call).
FAQ
- Can I recover the deposit if the apartment has no damages?
- Yes — if there are no documented damages and the landlord has no legal basis for deductions, the deposit should be returned.
- How long should I wait for the deposit return before taking legal steps?
- Typically send a demand and give the landlord a reasonable deadline, often 14 days; if there is no response, you can bring the matter to court.
- Where do I file a claim for deposit return?
- File the claim at the district court competent for the landlord's or property's location.
How to
- Collect evidence: photos, handover report and receipts (evidence).
- Send a written demand for the deposit return with a deadline (notice).
- Wait for a reply within the set deadline, usually 14 days (deadline).
- If there is no response, file a claim at the district court (court).
- Prepare for the hearing: copies of documents and witnesses (evidence).
