Maximum Tenant Deposit in Poland

What does the law say?

In the Polish legal order there is no unequivocal provision establishing a permissible "maximum" multiplier of the deposit at the level of 12x rent; the assessment of the deposit amount depends on the lease agreement and the principles of social coexistence. ^[1] The basic rules on tenancy and the obligations of the parties are found in the Civil Code and in the Act on the Protection of Tenants' Rights. ^[2]

Can a landlord demand 12x rent?

A demand for a deposit equal to 12 times the monthly rent is uncommon and may be considered excessive if there is no justification (e.g., very rapid wear, special equipment). A court may examine whether the deposit is proportionate to the landlord's risk. ^[1]

Which amounts are common?

• The most common required deposit is equivalent to 1–3 months' rent (deposit) in practice.
• For short-term rentals or very luxurious interiors the deposit may be higher but must be justified (deposit).
• The landlord may negotiate alternative securities, e.g., a guarantee instead of a large deposit (deposit).

How to document and recover a deposit?

• Include the exact amount, purpose and return conditions in the lease and obtain a confirmation when paying (document).
• Prepare a handover protocol when transferring the premises with a description of condition and photographs (document).
• Keep invoices and bills for repairs to challenge unjustified deductions (document).

How and when can a landlord deduct from the deposit?

A landlord may deduct from the deposit justified repair costs beyond normal wear or cover unpaid rent. Deductions should be documented with invoices or estimates. The tenant has the right to request a detailed settlement. ^[2]

• Deduction for material damage requires proof of repair cost (deposit).
• For unpaid rent the landlord may deduct proven amounts by transfer or invoice (deposit).

When to go to court?

If the landlord refuses to return the deposit or the settlement seems unfair, the tenant can file a claim with the district court — civil division. Often it is worth first sending a payment demand or using mediation. ^[3]

• In case of dispute, file a claim for deposit return at the district court (court).
• Attach the lease, handover protocol and payment evidence to the claim (court).

FAQ

Can a landlord demand a 12x rent deposit?

There is no automatic prohibition, but such a high deposit is atypical and may be challenged as excessive; a court will assess its justification.

In what timeframe must a landlord return the deposit?

The law does not stipulate a strict deadline, so a reasonable settlement time after vacating the premises applies; in practice this is often 14–30 days, depending on arrangements.

What to do if the landlord deducts too much?

Request a detailed settlement, keep evidence and if no agreement is reached, file a claim in court.

How to

1. Check the lease and note the agreed deposit amount (form).
2. Create a handover protocol describing the condition and photos (document).
3. Ask the landlord for payment confirmation and keep transfer proofs (contact).
4. If deductions occur, request invoices and repair estimates (document).
5. If no agreement, send a payment demand and then file a claim at the district court (court).

Key takeaways

• Always document the condition of the premises and payments to support later claims.
• The deposit should be proportionate to the risk and backed by evidence.

Help and Support / Resources

• ISAP: Act texts and legal sources
• Gov.pl: tenant information
• Ministry of Justice: civil procedure information

1. [1] ISAP: Act on the Protection of Tenants' Rights
2. [2] ISAP: Civil Code (obligations law)
3. [3] Gov.pl: information for tenants