Maximum Tenant Deposit in Poland — Limits & Procedure
Renting an apartment often requires a security deposit — it secures the landlord's claims. In Poland many tenants wonder how large a deposit can be and what the deadlines and procedures are for returning it after the tenancy ends. This guide explains applicable limits, when a landlord can deduct costs or arrears, which documents to collect and how to prepare a claim for return. We also give practical steps: how to document the apartment condition, how to communicate with the landlord, and where to seek help if a dispute arises. The text is written in plain language for tenants in Poland who want to know their rights and obligations.
What does a deposit limit mean?
A deposit limit means the maximum sum the landlord may demand as security. In practice it means the deposit should be proportional to the risk and the value of the landlord's claims. The deposit should not be used as a permanent monthly charge or as a substitute for rent. If the landlord wants to deduct part or all of the deposit, they must be able to prove their claims with documentation and invoices.
How much can the deposit be?
In practice some agreements indicate limits related to the monthly rent (for example a deposit equal to up to 12 times the monthly rent in certain situations). Specific restrictions and interpretations depend on the lease agreement and applicable laws[1]. The deposit should be clearly stated in the contract, with an explanation of its purpose and the rules for settlement after the tenancy ends.
Common deposit deductions
- Deduction for unpaid rent (rent) or service charges.
- Repair costs for damage beyond normal wear and tear (repair).
- Settlement of missing bills and proofs of payment (evidence).
If the tenant disagrees with deductions, it is worth requesting a detailed settlement and using mediation or court proceedings to resolve the dispute.
How to recover your deposit
The process of recovering a deposit starts by checking the lease terms and collecting evidence of the apartment condition when handing over keys. If the landlord refuses to return it or makes unjustified deductions, the tenant can send a demand for payment, and if there is no response, file a claim in the district court (civil division). During a dispute, move-in/move-out reports, photos, invoices and correspondence with the landlord are useful.
Frequently Asked Questions
- Can a landlord demand a deposit equal to 12 times the rent?
- It depends on the contract terms and circumstances; such clauses may be considered excessive and are subject to legal review[1].
- Within what time must the landlord return the deposit?
- The law does not always set one fixed deadline, so check the contract; if no deadline is specified, the deposit should be returned without undue delay after settlement of the tenancy[2].
- What to do if the landlord does not return the deposit?
- Send an official demand for repayment, keep proof of delivery and if there is no response, bring the case to the district court (civil division).
How to proceed
- Check the lease terms and settlement deadline (within).
- Send a written demand for the deposit return with a statement and request (mail).
- Gather evidence: move-in/move-out report, photos, invoices (evidence).
- Contact mediation or legal advice if the landlord does not respond (contact).
- If necessary, file a claim in the district court (court).
