Security Deposit and Damage Claims: Tenant Rights in Poland
If you are becoming a tenant or already rent an apartment in Poland, understanding the rules about security deposits and liability for damages is essential. A security deposit protects the landlord against damage, but it cannot always be deducted freely. This guide explains when a landlord may claim repair costs, what evidence to collect, how to document the condition of the property and what steps to take if the deducted deposit seems unjustified. You will find practical tips on the handover protocol, pursuing claims and deposit return deadlines, written in plain language with reference to Polish regulations.
What is a security deposit and when can it be used?
A security deposit is money paid by the tenant to secure the landlord's claims, e.g. for serious damage to the property; the rules for its use are governed by Polish law, including the Act of 21 June 2001 on the Protection of Tenants' Rights[1].
When can the landlord deduct from the deposit?
- deposit (kaucja): the landlord may deduct repair costs for damage that exceeds normal wear and tear.
- repair (naprawa): deductions are allowed only for actual repair costs supported by receipts or invoices.
- evidence (dowody): lack of a handover protocol or photos weakens the tenant's position.
How to document the property condition and damages
- document: take dated photos and keep receipts for purchases and repairs.
- form: prepare a handover protocol when moving in and moving out.
- move-out: read meters, hand over keys and sign documents confirming the property's condition.
Frequently Asked Questions
- Can the landlord keep the deposit without explanation?
- No; the landlord must state the reason and document the costs. If there is no evidence, the tenant can demand a refund.
- Within what timeframe must the landlord return the deposit?
- Usually within a reasonable time after tenancy ends; specific deadlines depend on the agreement and circumstances, check official guidance.[2]
- What if I disagree with deductions?
- Ask for a detailed settlement, try to negotiate, and if that fails, file a claim in the District Court (Civil Division).
How to proceed if the landlord deducts the deposit
- Document the property's condition and gather invoices (document).
- Request a written settlement of deductions from the landlord (form).
- If no agreement, file a claim in the District Court (Civil Division) to recover the amount.
Key takeaways
- A deposit secures the landlord's claims and is not a penalty.
- Document the property with photos and a handover protocol when moving in and out.
- If you do not receive a refund, you can pursue claims in court.
Help and Support / Resources
- Act of 21 June 2001 on the Protection of Tenants' Rights — ISAP
- Tenant guidance on gov.pl
- Information on civil proceedings — Ministry of Justice
