Tenant Deposit, Damages and Documents in Poland

Security deposit – refund, deductions, limits 3 min read · published September 11, 2025

If you rent an apartment in Poland and wonder which documents to collect concerning the deposit and damages to the property, this guide is for you. I explain which evidence is worth preparing when handing over the apartment, when the landlord can deduct repair costs and how to negotiate or demand the return of the deposit. I suggest which protocols, photos and invoices matter and how to record deadlines and communication with the landlord. The information is practical and tailored to a tenant's situation in Poland, with action steps and tips on how to proceed in court or when filing a dispute. Clear instructions will help avoid common mistakes. The text also includes document templates, a checklist of evidence at handover and guidance on repair costs typically considered justified.

What should the document set include?

The document set helps prove the condition of the property and the basis for any deductions from the deposit. Collect everything from the start of the tenancy and update before handing over the apartment.

  • Handover protocol prepared at move-in and move-out.
  • Photos and videos showing the condition of rooms, installations and meters.
  • Invoices, bills and estimates for repairs performed during the tenancy.
  • Tenancy agreement and annexes, including deposit amount and return conditions.
  • Proofs of transfers or receipts for the deposit payment.
  • Correspondence with the landlord (e-mail, SMS) regarding agreements and fault reports.
Photographic documentation makes it easier to prove the apartment's condition at handover.

When can the landlord deduct from the deposit?

The landlord may deduct repair costs for damage that goes beyond normal wear and tear from normal use. Deductions should be based on evidence and actual repair costs.

  • Deduction for repair costs of damages exceeding normal wear, documented by invoices.
  • Covering outstanding rent and charges related to the tenancy.
  • Costs to remedy damages caused by gross breach of contract or negligence.
Obtain written confirmation of the deposit return and keep a copy.

How to document damages and costs?

Accurate documentation is key. Take photos, collect invoices and describe faults with dates. Note the dates of reports and the landlord's responses.

  • Time-stamped photos from multiple angles showing damages.
  • Invoices and bills for materials and repairs performed.
  • Signed handover protocol acknowledged by both parties.
  • Correspondence with the landlord confirming fault reports and agreements.
Take dated photos from several angles.

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

If the landlord delays the return, start with a written demand setting a deadline for return. If that fails, prepare the case for the district court.

  • Send a written demand for deposit return, keeping a copy and proof of delivery.
  • Set a reasonable deadline for return (e.g. 14 days) and notify the landlord in writing of the intent to take legal action.
  • If there is no response, file a claim at the district court (Civil Division) with all evidence.
In many cases photographic evidence and invoices determine the outcome of the dispute.

Legal basis

The bases concerning protection of tenants' rights and tenancy are found in national regulations. Read the relevant legal acts before acting: the Act on the Protection of Tenants' Rights.[1] Civil claims and contractual claims are also governed by the Civil Code.[2]

FAQ

Can the landlord deduct for normal wear and tear?
No. Normal wear resulting from use should not justify a deduction; deductions relate to damage beyond normal use.
What is the deadline for a landlord to return the deposit?
The law does not set a single universal deadline. It is best to send a written demand and set a deadline; if there is no response, you can go to court.
Which pieces of evidence are most effective in a deposit dispute?
Handover protocols, photos, invoices and correspondence with the landlord are most important.

How to recover a deposit

  1. Collect documents: the contract, handover protocols, photos and invoices.
  2. Send a written demand for deposit return with a set deadline and proof of delivery.
  3. Wait for a response within the set period; keep all proofs of sending and receipt.
  4. If there is no reaction, file a claim at the district court with complete evidence.
  5. Enforce the court decision or consider mediation if appropriate.

Key takeaways

  • Collect photos and invoices from the start of the tenancy.
  • Always send a written demand for deposit return with proof of delivery.
  • If no agreement, prepare to file a claim at the district court.

Help and support

  1. [1] ISAP - Internetowy System Aktów Prawnych
  2. [2] Gov.pl - official government information
  3. [3] Ministry of Justice - information about courts

Categories

Tenant Rights Act – tenant rights Fixed-term vs open-ended tenancy – differences Security deposit – refund, deductions, limits Rent – increases, CPI indexation, reductions Utilities & charges – settlements, waste, meters Repairs & maintenance – tenant/landlord duties Works and right of entry Tenant termination – notice & form Landlord termination, arrears & eviction Check-in/out protocol, keys & handover Heating & hot water – underheating, failures Defects: damp, mould, unfit conditions Nuisance & neighbours – noise, quiet hours Pets in rentals – rules Subletting & short-term lets (Airbnb) Occasional & institutional lease – differences Shared tenancies & room rentals Damage & liability (deductions/insurance) Offences & liability – electricity theft etc. Municipal & social housing – rules Housing & energy allowances Disability & reasonable adjustments (access) Landlord access & viewings Rent clauses & indexation (CPI/GUS) Templates – tenant termination letters GDPR: data protection & tenant documents Mediation & dispute resolution
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Poland

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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