Tenant Deposit in Poland: Returns & Deductions
As a tenant in Poland you may have many questions about the deposit and liability for damages in a rented flat. This article explains when a landlord can deduct from the deposit, which documents are worth collecting, how to calculate return deadlines and what steps to take if the deposit is not returned. I avoid complicated legal terminology and provide practical actions a tenant can take: from an inventory protocol, through photos and invoices, up to filing a civil claim. If you want to secure your rights and prepare evidence, you will find a concrete action plan and links to official regulations applicable in Poland.
When can the landlord deduct from the deposit?
The landlord can deduct from the deposit the costs of repairs caused by damage beyond normal wear and tear and outstanding rent and fees. Deductions do not include normal wear resulting from the use of the flat. In practice, the rental agreement and the handover protocol and repair invoices are important.[1]
Examples of permissible deductions
- repair of doors and windows damaged by the tenant
- replacement of broken installations caused by improper use
- coverage of outstanding rent and utility charges
How to document damages and protect your rights
Documentation is key. Take photos of the flat on move-in and move-out, prepare a handover protocol and keep repair invoices. If the landlord claims damages, ask for a detailed cost estimate and proof that repairs were carried out.
- prepare a handover protocol with photos
- keep all invoices and receipts for repairs
- note dates and messages exchanged with the landlord
Deposit return deadlines and formalities
The law does not always prescribe a single fixed deadline for deposit return; the rental agreement usually sets conditions, and in absence of provisions courts assess a reasonable period. The landlord should account in a reasonable time and present grounds for deductions. If the deposit is not returned or you consider the deductions unjustified, you can bring a claim to the civil court (District Court, civil division).[2]
How to negotiate with the landlord
Offer documents, photos and invoices. Propose a written settlement and sign a settlement protocol. If negotiations fail, send a written demand for deposit return stating a deadline.
- send a written demand stating the deadline for return
- keep proof of contact (sms, e-mail, confirmations)
- wait for a response within the set deadline
What to do if the landlord does not return the deposit?
If the demand does not help, file a suit in the district court. Attach documents: tenancy agreement, handover protocol, photos, invoices and correspondence. The court will assess the evidence and may order the return of the deposit with interest and court costs.[3]
Frequently Asked Questions
- What if the agreement does not specify a deposit return deadline?
- If the agreement is silent, a reasonable settlement period applies; if the landlord delays without grounds, you can send a demand and, if there is no reaction, file a suit.
- Can the landlord deduct for normal wear?
- No — normal wear from everyday use should not be deducted from the deposit.
- Which pieces of evidence are most important in a deposit dispute?
- The handover protocol, photos of the flat condition, repair invoices and copies of correspondence with the landlord.
How to
- Collect documents: agreement, handover protocol, photos and invoices.
- Send a written demand for deposit return with a set deadline.
- If there is no response, prepare a claim and attach evidence to the district court.
- If needed, request a judgment ordering deposit return and legal costs.
Key takeaways
- Make a handover protocol and take photos when moving in and out.
- Send written demands with deadlines before filing a lawsuit.
Help and Support
- Information about courts and civil procedure
- ISAP: consolidated legal texts related to tenancy
- Gov.pl: tenant guidance and services
