How Tenants Recover Security Deposit in Poland
If you are a tenant in Poland and your landlord withheld the security deposit without justification, you have specific rights and possible steps to take. First gather evidence: the handover protocol, photos of the apartment condition, invoices for repairs and payment confirmations. Then try to resolve the matter amicably through conversation and a written demand with a set deadline. If that fails, you can send a formal demand for payment and later file a claim at the district court. This article explains how to prepare documents, which deadlines apply and where to seek help and official sources in Poland.
What to do first
Start by checking your lease and the handover protocol and compare the apartment condition with the contract. If the landlord claims damages, ask for an itemized list of costs and invoices. In many cases it is worth first sending a written demand for return of the deposit with a clear deadline.
Documents and evidence
The most important evidence are documents and records proving the apartment condition and the deposit payment.
- handover protocol and dated photos documenting the apartment condition
- payment confirmations or receipts for the deposit
- invoices and receipts for repairs paid by the tenant
Formal demand and deadlines
Send the landlord a written demand for payment with a clearly set deadline (for example, 14 days). In the letter describe your claim, attach copies of evidence and state your intention to go to court if there is no response.
Filing a claim in court
If the demand is unsuccessful, you can file a claim at the district court with jurisdiction for the landlord's residence or the property's location. Prepare case files with evidence, a copy of the lease and proof of sending the demand. For small amounts you can file a simplified claim or use a civil claim form.[2]
FAQ
- Can the landlord deduct part of the deposit for normal wear and tear?
- The landlord can deduct only costs resulting from actual damage exceeding normal wear and tear; these must be documented.
- How long does the landlord have to return the deposit?
- The law does not specify a single deadline, but practically you should send a demand and set a clear term, e.g. 14 days, after which you can take legal action.
- Can I pursue the deposit recovery myself?
- Yes, many cases are handled without a representative, but for more complex disputes it is worth seeking legal advice.
How to
- Collect evidence: protocol, photos, payment confirmations and invoices.
- Send a written demand for payment and set a deadline, e.g. 14 days.
- File the claim at the district court if the demand fails.
- Prepare case files for the hearing: document copies, evidence and correspondence.
Help and support
- Ustawa o ochronie praw lokatorów w ISAP
- Sample letters and tenant information on gov.pl
- Ministry of Justice – court information
