Who Pays for Deposit Damages? Tenants in Poland
As a tenant you may wonder when a landlord is allowed to withhold part or all of the security deposit for damages to the premises. This article explains the rules that apply in Poland, what your rights and obligations are, and how to document damage to avoid unjust deductions. We describe common situations: wear and tear from normal use, tenant-caused damage requiring repairs, and procedures for settling the deposit at the end of tenancy. You will also learn when to negotiate with the landlord and when to seek legal help or bring the case to the district court. Advice is practical and clear, aimed at people without legal experience. We suggest what evidence to collect (e.g., photos, handover protocol), how to make a list of defects and which deadlines apply to deposit return.
What the law says
In Poland, rules on deposits and tenant protection come from the Act on the Protection of Tenants and provisions of the Civil Code.[1][2] The regulations set out what deductions are permissible and what obligations the landlord has when settling the deposit.
In most cases tenants are entitled to basic habitability standards.
When a landlord can deduct from the deposit
- Normal wear and tear is not a basis for deposit deductions.
- Damage caused by the tenant — the landlord may deduct repair costs.
- Unpaid rent or utility charges can be offset against the deposit.
- Failure to clean or damage to furnishings may result in deductions if clearly documented.
A landlord must provide clear justification and documents to refuse deposit return.
Documenting damage
To protect your rights, collect evidence and documents before handing back the premises and after any repairs.
- Photos and videos documenting the apartment condition.
- Handover protocol signed by both parties.
- Receipts and invoices for repairs caused by the tenant.
- Witness statements or e-mail correspondence confirming arrangements.
Detailed documentation increases your chances in disputes.
FAQ
- Who pays if damage is discovered after moving out?
- If the damage exceeds normal wear and is caused by the tenant, the landlord may deduct repair costs from the deposit; otherwise the tenant is entitled to a full refund.
- Can a landlord deduct for normal wear and tear?
- No — normal wear from everyday use should not be counted as damage and is not a reason to deduct from the deposit.
- How long does a landlord have to settle the deposit?
- The law does not set a single universal deadline, but settlement should occur within a reasonable time; if the landlord delays, the tenant can demand settlement in writing and, if needed, bring the case to the district court.
How to
- Gather evidence: photos, videos, handover protocol and receipts.
- Inform the landlord in writing of discrepancies and attach documents.
- Attempt negotiation or mediation, keeping copies of correspondence.
- If negotiations fail, file a claim in the district court with complete evidence.
Key takeaways
- Document the apartment condition on move-in and move-out.
- Request protocols and receipts when the landlord claims damages.
- In disputes you can turn to the district court or seek mediation.
Help and Support
Official sources and forms can be found below.[3]
