Security Deposit and Damages — Tenant Rights in Poland
As a tenant in Poland you may wonder when a landlord can deduct repair or cleaning costs from your deposit. This text explains tenant rights, legal bases and practical steps you can take to recover a deposit or challenge deductions. I discuss which damages a landlord can deduct for, what evidence to collect, deposit return deadlines and how to start a court dispute if an agreement is not possible. The article focuses on real situations, plain language and concrete actions — how to prepare an inventory protocol, where to file complaints and what documents to gather before court. I also suggest when to seek legal help and which deadlines apply for deposit returns. The text includes practical tips and references to applicable laws.
What can the landlord deduct?
A landlord may deduct from the deposit costs of repairs for damages caused by the tenant and unpaid fees under the rental agreement. Normal wear and tear from everyday use should not be deducted.
- Repair costs for tenant-caused damages, e.g. broken doors or major floor damage.
- Professional cleaning costs if the property was not returned in the agreed condition.
- Unpaid fees or bills that the tenant was obliged to pay under the contract.
- Normal wear and tear (e.g. minor scratches, fabric wear) usually does not justify deductions.
Normal wear and tear is not a valid reason for deposit deductions.
How to document damages and the deposit return
Collect evidence when handing over the property: photos, an inventory protocol and repair receipts. Check your contract for deposit clauses and return deadlines. References to the law are useful in negotiations or court: the Act of 21 June 2001 on tenant rights[1] and the Civil Code regulate rental issues and liability for damages[2].
- Take high-quality dated photos of the property condition.
- Prepare an inventory protocol with the landlord and obtain signatures.
- Keep receipts for repairs, invoices and correspondence about defects.
- Send written requests for deposit return and keep delivery confirmations.
Photographic and written documentation greatly improve the chances of getting your deposit back.
Deadlines and procedures
The deposit return deadline may be set in the contract; if not, return should occur within a reasonable time after settling accounts and any necessary repairs. If the landlord makes deductions, request a detailed settlement and invoices. If the dispute continues, you can bring the case to the district court (Civil Division).
FAQ
- Can the landlord deduct the whole deposit for minor scratches?
- No. Minor scratches are typically normal wear and should not justify full deposit deductions.
- What if the landlord does not return the deposit?
- Send a written demand with a deadline; if that fails, file a claim in the district court and attach your evidence.
- What evidence matters most in a deposit dispute?
- Photos taken at handover, an inventory protocol, repair receipts and correspondence with the landlord.
How to
- Gather evidence: photos, inventory protocol and receipts.
- Send a written demand for the deposit return with a deadline (e.g. 14 days) and keep proof of delivery.
- If the demand fails, file a claim with the district court attaching copies of evidence and correspondence.
Key takeaways
- Document the property condition with photos and a signed protocol at handover.
- Request a detailed settlement and invoices for any deductions.
- The district court decides disputes over deposits when negotiations fail.
Help and support
- Contact and information: gov.pl — housing and tenant rights
- Ministry of Justice — information on civil procedure
- ISAP — legal acts texts (Act, Civil Code)
