Tenant security deposit in Poland: deadlines & steps

As a tenant in Poland you may have questions about the return of a security deposit, deadlines and possible deductions. This guide explains when the landlord should return the deposit, what evidence to collect and how to pursue claims in court or by settlement. We describe procedures, common disputes about damages and unpaid charges, and practical steps: how to send a payment demand, what documents to attach and where to seek legal help. We also explain typical and practical deadlines for deposit return, tenant rights during property inspections and ways to document damage with photos and invoices.

Rules for returning the deposit

The landlord should return the deposit after the tenancy ends in accordance with regulations, including the Act on the Protection of Tenants' Rights^[1] and the Civil Code^[2]. The tenant is entitled to a full refund unless the landlord documents justified deductions. We explain which claims are admissible and what evidence to gather.

Deadlines

The law does not always set a single strict deadline, but in practice the deposit should be returned promptly after settling the property's condition; often people refer to a period of a few weeks. If the landlord delays, it is worth sending a formal demand for return.

Possible deductions

• Deduction for unpaid rent (rent) — the landlord may deduct the tenant's arrears.
• Costs to restore the property to the agreed condition (repair) — only for damages beyond normal wear and tear.
• Charges for unpaid utilities or bills (payment) — if they are the tenant's responsibility.

Evidence

Collect photos at handover, repair invoices, payment confirmations and correspondence with the landlord. Lack of documents weakens your claim.

What to do if the landlord does not return the deposit

First send a written (or email) demand for return and keep confirmations. If that does not help, you can file a claim at the District Court (Civil Division)^[3] for payment of the deposit and possible interest.

FAQ

In what time must the landlord return the deposit?

There is no single statutory deadline; usually the return occurs after settling the property's condition, most often within a few weeks.

Can the landlord take part of the deposit for minor damages?

He may deduct costs to restore the property beyond normal wear and tear, but must document them.

How to prove I handed over the property in good condition?

Take photos at handover, keep a handover protocol and invoices.

How to pursue a claim

1. Gather evidence: photos, lease, payment confirmations.
2. Send a written demand for payment and keep a copy.
3. If there is no response, wait a reasonable time and calculate interest.
4. File a claim at the District Court (Civil Division) — attach evidence.
5. Use free legal advice or mediation if available.

Key takeaways

• Collect evidence from the start of the tenancy and at handover.
• First send a formal demand for the deposit return.
• If disputed, file a claim at the District Court.

Help and support

• Legal help for tenants — information and advice available on gov.pl.
• District Court — information on filing claims at ms.gov.pl.
• You can find the text of the Act on the Protection of Tenants' Rights on ISAP.

1. [1] Act on the Protection of Tenants' Rights - ISAP
2. [2] Civil Code - ISAP
3. [3] Information on courts and procedures - Ministry of Justice