No Handover Report When Returning a Polish Rental — How to Reclaim Your Deposit

You rented a flat in Poland, handed back the keys, and the landlord never returned your deposit — citing "damage" or "outstanding charges." The catch is that the two of you never signed a protokół zdawczo-odbiorczy (a handover/condition report) when you moved out, so there's no document confirming the state of the flat at that point. That makes it harder for both sides to prove their case. This guide explains what actually matters when there's no report, what evidence you can still gather now, and when the matter is worth putting in front of a lawyer.

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, the tenancy agreement and the evidence available — the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Why a handover report matters

A protokół zdawczo-odbiorczy is a document drawn up when a flat is handed over and when it's returned, describing its condition — any damage, dirt, missing fittings, meter readings, and so on. Both parties normally sign it.

Its purpose:

• for the landlord — evidence of what they actually found on collecting the keys (damage, cleanliness),
• for the tenant — evidence that the flat was returned in the condition required by the tenancy agreement (i.e. not liable for damage that already existed).

When there is no report, proving the flat's condition becomes considerably harder. That doesn't mean the case is hopeless, though — it all depends on what other evidence is available.

What Polish law says about deposits and their return

Under Poland's tenant protection legislation (ustawa o ochronie praw lokatorów), a deposit is security the landlord may keep to cover:

• outstanding charges (rent, other sums owed),
• the cost of repairing damage that goes beyond normal wear and tear.

Importantly, the landlord cannot charge the tenant for ordinary, natural wear (paint fading, light scuffs, appliances ageing normally).

The deposit must be returned within one month of the tenant vacating the flat.

Any deductions from the deposit must be documented — a repair invoice, a tradesperson's confirmation, a receipt.

⚠️ Where exactly "normal wear" ends and "damage" begins requires a legal assessment based on the specific facts. Always check your tenancy agreement and any supporting documents.

No report — what does that mean for you?

In practice: without a report, both sides are operating in an evidential grey zone. What matters then is what you can gather now — photos, emails, witnesses, documents.

What you can do now — gathering evidence without a report

If the landlord claims they deducted money because of damage, you should:

1. Demand a written justification for the deductions. Send a letter or email to the landlord: "Please provide a detailed, written breakdown of the damage for which you deducted the deposit, together with repair invoices or photographs." This forces them to commit to specific, concrete claims.

2. Gather whatever old evidence you have, such as: - photos or video of the inside of the flat taken shortly before handing back the keys (or as close to that date as possible — e.g. the day before), - emails to the landlord such as "I'll be handing back the keys tomorrow, the flat is clean," or any reply from the landlord raising no objections, - texts or WhatsApp messages relating to arrangements for handing back the property, - confirmation of the key handover (a message, a concierge's confirmation, an email — anything showing when you handed the keys over), - witnesses — anyone who was present at the handover; their account can confirm the condition the flat was in.

3. Challenge deductions that aren't backed by evidence. If the landlord cannot produce: - photos or a description of the specific damage, - repair invoices, - an assessor's or tradesperson's report,

then the deductions may be unfounded.

The pre-court route — what to do before filing a claim

1. Send a formal demand letter (wezwanie do zapłaty) to the landlord, by post or email: - "We demand the return of the deposit in the amount of [sum] within 14 days." - Attach copies of your evidence (photos, emails, other documents). - Ask for a detailed justification of each deduction.

2. Wait for a response. The landlord may: - return the deposit (the ideal outcome), - provide reasons for the deductions, - do nothing at all.

3. If nothing happens, start preparing the material for a claim: - all emails and messages, - photos/video, - the tenancy agreement, - a witness statement, if you have one, - your own written account of the flat's condition.

When should the matter go to a lawyer?

Consider consulting a specialist when:

• the landlord has demanded a large sum in deductions that you believe are unjustified,
• you sent a demand letter and the landlord didn't respond, or refused without giving a proper reason,
• the landlord has produced "invoices" or a "report" whose credibility you doubt (for example, the report is dated after you moved out, or it lacks the contractor's contact details),
• the tenancy is one covered by tenant protection legislation (typically a residential flat let privately),
• there's a dispute over how to interpret "normal wear" versus "damage" — this calls for a technical and legal assessment.

When might the claim not be worth pursuing financially?

Before filing a claim, it's worth working out:

• the cost of bringing a claim (court fee, representation),
• the likely length of proceedings (usually several months),
• the actual amount in dispute.

If the deduction was PLN 300 and the cost of filing a claim is around PLN 200, the case may not add up financially — unless free mediation or a consumer arbitration body (such as the Trade Inspectorate, Inspekcja Handlowa) is available where you are.

Common mistakes tenants make (when there's no report)

• Assuming it's a lost cause without a report. That's not true — you can still make your case with other evidence.
• Not gathering anything for the claim — emails, messages and photos are your strongest evidence.
• Caving to pressure. The landlord says "you've got no chance without a report," so the tenant gives up. Often that's simply a bluff.
• Sending demands verbally instead of in writing — always put it in writing.
• Waiting too long. The limitation period for deposit claims is six years, but it's best to act quickly, before memories (and evidence) fade.

Frequently asked questions

If there's no handover report, will I always lose the deposit? No. It all depends on the evidence. If you have photos, emails and witnesses, you can show the flat was returned in good condition. What matters is what you're able to prove.

Does the landlord have to show me repair invoices? Yes. Deductions from the deposit must be documented. If they say something was repaired, they should have an invoice or confirmation from the company that did the work. Without that, the deduction may be unfounded.

What if the landlord claims there was damage, but it doesn't appear in any photos from around the time I left? That works in your favour. You can point out: "If the damage occurred after I moved out, I'm not responsible for it. Without proper evidence (a photo, a report), I don't accept the deduction."

Can I claim compensation beyond just the deposit? If the landlord withheld the deposit without justification, you can claim its return. If the agreement also included a contractual penalty clause or lost-benefit provisions, that additional element needs a lawyer's assessment.

How much time do I have to act? The landlord should return the deposit within one month of you vacating the flat. If they haven't, you can act straight away. The limitation period for the claim is six years, but don't wait that long.

Related articles: - Landlord won't return the deposit — what can a tenant do? - Rental deposit — what can the owner deduct, and what can't they? - Damage to a flat vs. normal wear and tear — where's the line? - How to prepare an evidence pack for a dispute with a company?