Tenant Deposit Deductions in Poland
As a tenant in Poland you have the right to know when a landlord may deduct funds from a deposit and to what extent. This text explains the basic rules regarding a residential security deposit, what costs may be deducted (e.g. unpaid rent, repairs caused by the tenant), deadlines for return and how to document the apartment condition before and after the tenancy. You will also find practical steps on how to respond to unjustified deductions, which evidence to collect and where to take a dispute — from talking to the landlord to filing a claim in the district court. The article uses plain language to help you protect your rights and recover owed money.
What can a landlord deduct?
A landlord may deduct from the deposit only documented costs that arise from the lease agreement or damages that exceed normal wear and tear. Below are the most common examples:
- unpaid rent and unpaid utility charges
- repair costs caused by the tenant's fault (e.g. damaged doors, ruined installations)
- renovations due to excessive wear beyond normal condition
- costs of remedying documented damages noted in a handover protocol
- recovery of fees for services left unpaid by the tenant
How deductions and deadlines should look
Deductions must be justified and documented with invoices or a protocol. Typically the landlord must settle the deposit and return any surplus within the term specified in the lease, and if the lease does not set one — within a reasonable time after handing over the apartment. Rules regarding claims of the tenant and landlord also stem from civil law.[2]
- deposit return deadlines — check the lease and request settlement in writing
- documentation of the apartment condition — protocols, photos and receipts
- requests for return with a clear breakdown of deductions
How to assert your rights
If you believe deductions are unjustified, start with a conversation and demand explanations in writing. If that does not help, gather evidence and file a claim in the district court — the civil division handles tenant claims against landlords.[3]
- collect evidence: protocol, photos, receipts and correspondence
- send the landlord a formal demand for deposit return with a deadline
- if there is no response, file a claim in the district court
Frequently Asked Questions
- Can a landlord deduct the deposit without my consent?
- A landlord may deduct the deposit only for documented dues or damages under the lease; an unjustified deduction can be contested in court.[1]
- How long does a landlord have to return the deposit?
- The deadline should be specified in the lease; if not, the return should occur within a reasonable time after handing over the apartment, usually a few weeks.
- What evidence should I gather before filing a claim?
- Handover protocol, photos of the apartment condition, repair receipts and correspondence with the landlord.
How to
- Record a handover protocol and take photos when handing over the apartment.
- Ask the landlord for a written settlement of the deposit and justification of any deductions.
- Send a formal demand for deposit return with a deadline and keep proof of delivery.
- If there is no reaction, file a claim in the district court with attached evidence.
