Tenant responsibility for broken glass in Poland
A broken window in a rented apartment can raise questions about liability and repair costs. Tenants and landlords often wonder when the renter is responsible and when the owner should arrange replacement or repair. This text explains the rules applicable in Poland, shows what evidence to collect, when costs can be deducted from the security deposit, and how to act to avoid disputes. You will find practical steps — from reporting damage to filing a claim — described in plain language, including deadlines, legal bases and possible consequences for both parties. We also explain when damage is due to normal wear and when it is neglect. We point out what photos to take, which deadlines to remember, and when to consult the district court.
When can a tenant be liable?
The tenant is responsible for damage caused by them or persons for whom they are liable (e.g., guests). Liability depends on the degree of fault: intentional damage and gross negligence usually burden the tenant, while damage from normal wear does not. Legal bases arise from tenancy and tort rules, including the Act on the Protection of Tenants' Rights and the Civil Code.[1][2]
- Damage caused intentionally or by gross negligence (repair)
- Damage caused by a person invited by the tenant or household member (evidence)
- Lack of evidence of a third party and clear signs indicating the tenant's action (photo)
How to document the damage
Good documentation determines the possibility of claiming costs from the tenant. Take photos, keep receipts and note reporting dates. A written report protects both parties and simplifies later settlements.
- Take photos of the damage from several angles (photo)
- Keep repair receipts and invoices (receipt)
- Record the date and time of the incident and the report (time)
- Send the owner a written notification or email (notice)
Deposit deductions and repair costs
If the damage is documented and caused by the tenant's fault, the owner may deduct reasonable repair costs from the deposit. Costs must be proportional and supported by evidence; excessive claims can be challenged. In case of dispute, parties may pursue claims in civil court.
- Deducting repair costs from the deposit for documented repairs (deposit)
- Provide invoices and estimates as proof (receipt)
- If in doubt, request a detailed account from the owner (notice)
When the owner is responsible
The landlord is responsible when damage results from structural defects, improper maintenance, or normal wear that is not the tenant's fault. The owner should ensure the technical condition and safety of the premises and repair defects that are their responsibility.
Key takeaways
- Collect evidence: photos, dates, receipts — they are key to resolution.
- Report damage in writing and request a detailed cost account.
FAQ
- Is the tenant always liable for a broken window?
- No, liability depends on the circumstances; gross negligence and actions of the tenant or their guests usually burden the tenant, while normal wear does not.
- Can the owner deduct costs from the deposit without my consent?
- The owner can deduct documented repair costs from the deposit but must provide evidence; in case of dispute the tenant can go to court.
- What if I disagree with a payment demand?
- Gather evidence, send a written objection and, if necessary, consider mediation or a suit in the district court.
How to
- Inspect and secure the scene (safety)
- Take photos and record dates (photo)
- Notify the owner in writing and ask for settlement (notice)
- File a claim in the district court if necessary (court)
Help and resources
- Advice for renters on gov.pl
- Information on court proceedings at ms.gov.pl
- Legal texts at isap.sejm.gov.pl
