Tenant deposit limits in Poland
As a tenant in Poland you may have many questions about the deposit: how much it can be, when the landlord may deduct part of it, and what deadlines apply to refunds. This guide explains the rules for deposits in occasional tenancy in plain language, describes tenant rights, landlord obligations and typical procedures — from preparing an inventory protocol to sending a demand for refund. You will also learn how to document the apartment condition, which claims are justified and when it is worth taking the case to court. Information about deadlines and legal bases will help you act more quickly and confidently. We also provide examples of typical deductions, tips on how to make the protocol and which documents to keep, and information on when to use legal aid or tenant organizations. Keep payment confirmations and photos of the apartment state — that often decides disputes.
What is a deposit and where rules come from
A deposit is security for the landlord to cover damages or arrears. In occasional tenancy the rules come from tenancy protection laws and the Civil Code [1][2]. The contract and the inventory protocol specify the state of the apartment and can help with refunding the deposit.
Main limits and rules
The key rules every tenant should remember:
- Maximum deposit amount (deposit): often equal to one or two months' rent.
- Refund deadline (deadline): the deposit should be returned after settling dues and the apartment handover, according to the contract.
- Deductions (deduct): the landlord may deduct justified costs of repairs or unpaid rent, but must justify and document them.
- Form and evidence (file): payments, protocol, invoices and photos help prove the apartment condition and the legitimacy of deductions.
Deposit refund procedure
The typical course of action after the tenancy ends is as follows:
- Check the contract and the refund deadline (deadline) and the conditions for deductions.
- Prepare an inventory protocol and collect photos and invoices as evidence (document).
- Send a written demand for the deposit refund (file), preferably by registered mail or email with read receipt.
- If the landlord does not respond or refuses without justification, file a claim at the District Court (court) requesting the refund.
Common problems and how to solve them
- Unjustified deductions (deduct): ask for a detailed calculation and copies of invoices.
- No refund on time (deadline): send a formal demand and keep proof of sending.
- Dispute over apartment condition (document): compare the entry and exit protocols and photographic evidence.
Key takeaways
- The deposit should not be arbitrarily high and usually matches the rent.
- Refund deadlines and rules come from the contract and law; check them before leaving.
FAQ
- Can a landlord demand any deposit amount?
- No, the amount should be reasonable and normally equal to one or two months' rent; specifics come from law and the rental contract. [1]
- When must the deposit be returned?
- The refund deadline depends on the contract and the need to settle possible deductions; typically after the apartment is vacated and inspected.
- What if the landlord deducts part of the deposit without justification?
- Gather documents, send a demand for explanation, and if that fails, file a claim at the District Court. [2]
How-To
- Check the contract terms and note refund deadlines and deduction rules.
- Make a protocol and photographic documentation of the apartment state (document).
- Send a formal demand for deposit refund (file).
- If the demand fails, file a claim at the District Court (court).
