Security Deposit and Back Rent in Poland
As a tenant in Poland you may wonder whether a landlord can deduct back rent and accrued interest from your security deposit. In practice the answer depends on the tenancy agreement, the type of damage and the available evidence. This text explains in simple terms the limits on deposit deductions, when a landlord can claim arrears and what steps you can take to protect your rights. You will find tips on documenting payments, communicating with the landlord, and the court and administrative procedures available in Poland. The aim is to help tenants make informed decisions and avoid disputes. We also explain how to prepare an inventory protocol, when to seek mediation and when to get legal advice.
When can a landlord deduct from the deposit?
A landlord may deduct justified claims from the deposit for back rent, interest or repair costs, but only if they can document the claim and the tenancy agreement does not prohibit such deductions. These rules stem from tenancy and tenant protection laws.[1]
What can be deducted?
- Back rent (rent)
- Interest for late payment (payment)
- Utility and service charges (payment)
- Apartment damages requiring repair (repair)
How to protect your rights?
To avoid disputes, document the apartment condition and all payments. When leaving, prepare an inventory protocol and take photos. If the landlord claims deductions, request a detailed settlement and proof of the claimed debt.
- Collect receipts and invoices (evidence)
- Prepare an inventory protocol when moving out (form)
- Communicate in writing and keep correspondence (contact)
Is it worth going to court?
If negotiations with the landlord fail, you may consider a claim for the deposit return or to contest deductions. Tenancy disputes are usually heard by the district court, civil division; before court you should have a full set of documents and evidence.[2]
Frequently Asked Questions
- Can a landlord keep the entire deposit for back rent?
- The final decision depends on the agreement and evidence; the landlord may only deduct the justified amount corresponding to actual claims.
- How long does the landlord have to raise claims against the deposit?
- The time to raise claims may result from the agreement or general limitation rules, but the landlord should act promptly after tenancy ends and the inventory is prepared.
- What to do if the landlord deducts the deposit without justification?
- Send a written demand for explanations and return of the deposit, keep copies of documents, and if unsuccessful file a lawsuit in the district court.
How to recover the deposit
- Gather documents: the agreement, payment receipts, invoices and photos of the apartment condition.
- Send a written demand to the landlord requesting the deposit return with a deadline and a request for settlement.
- Try mediation or negotiation, presenting your evidence and proposing an amicable solution.
- If no agreement is reached, file a claim in the district court and attach the collected evidence.
Key takeaways
- The deposit secures landlord claims but cannot be deducted arbitrarily.
- Document payments and apartment condition to defend your rights.
- If disputed, consider mediation or a court claim.
