Who Pays for Undue Refunds — Tenants in Poland

If you received an undue refund from the landlord or tenant, you may wonder who ultimately bears the cost. This article explains tenants' rights in Poland regarding refunds, deductions and claims in plain language, with practical steps: what evidence to collect, when to demand a refund, how to respond to deduction claims from a security deposit, and when it may be appropriate to file a claim in the district court. We also cover deadlines, forms and possible court costs and advise how to safely handle correspondence with the landlord. We provide sample letters and tips on when you can claim statutory interest for delay. The material helps tenants prepare for negotiations and legal actions in Poland. This will help you know your rights and next steps.

Who is responsible?

Responsibility depends on the source of the undue payment. If the landlord collected an overpayment or refunded money by mistake, the general rule is that the person who received the undue payment should return it. Regulations on tenant protection and rental agreements explain the obligations of the parties and settlement rules. ISAP^[1]

How to document a claim?

• The lease agreement and handover protocols.
• Invoices, transfer confirmations and receipts proving payments.
• Email or written correspondence about payments and refunds.
• Photos and notes about the condition of the property and dates of actions.

When can the landlord deduct from the security deposit?

The landlord may deduct justified claims from the deposit, for example for damages exceeding normal wear and tear or unpaid rent, provided they have documentation supporting the amount of the damage. Rules on deposits and claims also stem from the Civil Code and rental regulations.^[2]

• Repairs resulting from tenant-caused damage beyond normal wear.
• Unpaid rent or utility charges that the tenant was contractually responsible for.
• Costs of remedying damage exceeding ordinary use.

How to pursue a refund?

The first step is to send a polite but formal demand for refund with a clear breakdown of the amount and evidence. If unsuccessful, send a payment demand with a deadline (for example 14 days) and indicate possible next steps, including filing a claim for payment at the district court.^[3] Keep copies of all letters and proof of sending.

FAQ

What if the landlord claims the deduction was correct?

Ask for written justification and invoices. If doubts remain, filing a claim for return of undue payments can resolve the matter.

Can I claim interest for a delayed refund?

Yes, you can claim statutory interest for delay from the date the landlord should have returned the funds, if you can prove the due date.

Where should I file a claim if negotiations fail?

Claims related to rental payments are typically heard by the district court competent for the location of the apartment.

How to

1. Gather documents: lease, invoices, transfers, correspondence and photos.
2. Contact the landlord in writing and present a refund demand with a deadline.
3. Send a formal payment demand (with proof of posting) specifying the amount and deadline.
4. Wait for a response and keep all evidence of correspondence.
5. If there is no response, file a claim in the district court or use mediation services.

Help and resources

• ISAP – legal acts and statutes
• Gov.pl – administrative information for tenants
• Ministry of Justice – court procedures

1. [1] ISAP - Act on the Protection of Tenants' Rights
2. [2] ISAP - Civil Code
3. [3] Gov.pl - Information on claims and courts