Tenant Checklist Before Handing Back a Polish Rental and Getting Your Deposit Back

It's your last day in the rented flat — boxes packed, cleaning half-done, and you're thinking, "I really hope I get that deposit back without a fight." The trouble is, landlords sometimes decide something's damaged, deduct the cost on the spot, and only then do you realise you have no evidence to argue back. To avoid that, prepare methodically. This checklist walks you through everything to do in the days before handover so you have proof ready if a deposit dispute arises.

This guide is general legal information, not legal advice. How the rules apply depends on your tenancy agreement, the evidence you have, and the circumstances — including whether the matter is consumer, civil or commercial in nature. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or other appropriate specialist. Twoja Sprawa helps you organise the documents for that assessment.

Phase 1: Preparation (2–3 weeks before handover)

Documents

[ ] Pull out your tenancy agreement and check the handover conditions (is professional cleaning or repair work required, etc.)
[ ] Check whether you have the move-in handover protocol (protokół zdania mieszkania) from the start of the tenancy; if not, ask the landlord for a copy
[ ] Note the contractual deadline by which you must vacate and hand back the flat
[ ] Check the cleaning standard required (does the landlord want professional cleaning or is DIY fine — check what the contract says)

Practical preparation

[ ] Charge your camera/smartphone battery so you can reliably take photos and video
[ ] Get paper and a pen ready to take notes as you go
[ ] If the landlord deals with documents electronically, make sure you have access to your email

Phase 2: Inspection before cleaning (one week before)

Walk-through and condition mapping

[ ] Walk through every room in daylight (not at night) and note the starting condition of each element: walls, floors, windows, doors
[ ] Open every cupboard and drawer and check the corners — note down anything cracked, scratched, etc.
[ ] Check all sockets, switches and door handles so you know what needs fixing
[ ] Note down what you consider normal wear and tear (worn carpets, slightly dulled windows, faded paint) — you'll need this if there's a dispute later

Photo documentation — FIRST ROUND

[ ] Every room: take a general shot (all four walls), then close-ups of details — walls, floor, windows, doors, light fittings, skirting boards
[ ] Entrance/exit: hallway, front door (check for scratches, check the hinges work)
[ ] Kitchen: sink, hob/oven, cabinets (any damage or cracks), wallpaper/paint
[ ] Bedrooms/living room: every corner, general view plus close-ups of the walls (especially where furniture or posters may have left marks)
[ ] Bathroom: tiles, grout, toilet, taps, mirrors
[ ] Basement/balcony (if applicable): condition of floor, walls, any damage
[ ] Meters: photograph the electricity, gas and water meters (you'll need these later to settle final bills)
[ ] Every photo should carry a date — if your phone timestamps automatically, great; if your camera doesn't, hold a piece of paper with the date in shot

Communicating with the landlord

[ ] Write to the landlord (email or text) confirming the handover date and asking whether they intend to attend
[ ] Suggest a joint walk-through — this is the best protection for both sides
[ ] If the landlord attends, invite them into every room and take notes together

Phase 3: Cleaning and preparation (a few days before handover)

Cleaning

[ ] Give the whole flat a thorough clean (if required by the contract)
[ ] Don't over-fix things that could be deducted for — normal dirt and wear is one thing, but spending time and money masking it is wasted effort
[ ] Check you haven't left anything behind — clutter, rubbish, old fittings
[ ] Make sure all keys, access cards, remote controls, etc. are accounted for

Final condition check

[ ] Do one more walk-through of every room — has anything changed or broken since your last inspection?
[ ] Note down anything that's changed (e.g. "during final cleaning we found the living-room window was already cracked beforehand — photos from [date] confirm this")
[ ] Check the boiler/heaters are working properly

Phase 4: Handover day (or the day before)

Preparing your documents

[ ] Print your photos (or have them ready on your phone to show the landlord) so you can demonstrate the flat's condition
[ ] Prepare an inventory list — all furniture, appliances, what was there originally and what you're taking (if the flat was let furnished)
[ ] Make copies of all important paperwork (the tenancy agreement, deposit payment confirmation, recent bills/expenses)

Final round of photos and video

[ ] Take a second round of photos before moving the furniture out completely — photograph the wall behind each piece of furniture as it's moved
[ ] Record a video with commentary: walk through the flat with your camera, saying "Today, [date] 2026, I am handing back the flat. I'll go through each room to show its condition..."
[ ] After the furniture is out: a third round of photos of the empty walls (to show there was no hidden damage)
[ ] Photograph the electricity, water and gas meters — FINAL readings

On-site communication

[ ] The landlord should be present at handover (ideally you walk through together)
[ ] If they are, draw up a joint handover protocol (protokół zdawczo-odbiorczy): you and the landlord both describe the condition of the property and both sign it
[ ] If the landlord doesn't turn up, bring a witness (family member, friend) who can confirm you handed the flat back in good condition
[ ] Photograph or film the signed protocol from both parties

What the protocol must include

[ ] Date and time of handover
[ ] A list of any pre-existing damage (if applicable)
[ ] A statement that the flat is being returned fit for habitation, subject to normal wear and tear
[ ] Both parties' signatures and the date
[ ] Confirmation of keys, access cards, etc. being handed over

After handing over the keys

[ ] Get confirmation (ideally in writing) that the landlord has taken back the keys and the flat
[ ] If the landlord wants to carry out repairs after you've left, make it clear in writing: "any repairs carried out after the handover date are not my responsibility"
[ ] Keep every text message and email confirming handover

Phase 5: After handover (tracking your deposit return)

Waiting for the refund

[ ] Under Polish law, the deposit should be returned within one month of vacating the property (Article 6(4) of the Act on the Protection of Tenants' Rights, ustawa o ochronie praw lokatorów)
[ ] Note this deadline in your calendar
[ ] If the landlord wants to deduct anything, they must have supporting documents (repair invoices, photos of the damage) to show you

If the landlord raises deductions

[ ] Ask for a detailed breakdown: exactly what's being deducted, how much it costs, and what evidence supports it
[ ] Compare it against your own photos — is it genuinely your responsibility, or was the damage already there?
[ ] If you disagree, reply in writing, setting out your position clearly

If the landlord doesn't return the deposit

[ ] Once the month has passed, send a formal demand letter (in writing, ideally by registered post)
[ ] Give the landlord a further 14 days to pay
[ ] If there's still nothing, you can bring a claim before the local district court (sąd rejonowy)

Keeping records

[ ] Keep everything: photos, video, the protocol, demand letters, emails, texts
[ ] If it ends up in dispute, these will be crucial evidence for the judge

Detailed checklist: what to bring/show the landlord

At handover

[ ] The tenancy agreement (to confirm its terms)
[ ] Move-in documentation (photos from the start of the tenancy, if you have them)
[ ] A recent electricity/gas/water bill so the landlord knows what still needs settling with the local suppliers
[ ] A list of any items removed (if the flat was furnished and you took something with the landlord's agreement)
[ ] Photos and video (on your phone or printed) showing the flat's starting and final condition
[ ] The landlord's contact details — make sure you have a current correspondence address (it may not be the same as the flat's address)

Communication after handover

[ ] Keep the landlord's current email address and phone number on hand
[ ] If the landlord wants to change anything, insist it's done in writing

Common mistakes to avoid

No photos at handover — without them, it's hard to defend yourself.
No signed protocol — if the landlord later claims "everything was filthy", you're in trouble.
Waiting until the dirt is old news — document everything immediately after handover.
Staying silent — if the landlord makes a claim, always respond in writing, even if you disagree.
Treating normal wear and tear as a joke — it isn't. A wall faded by sunlight? Normal. A wall covered in scuffs and stains? Not normal.
Removing something from the flat without permission — if the landlord wanted it left in place, leave it, so you have nothing to argue about later.

Frequently asked questions

Do I have to be present at handover?

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Describe your situation — the initial review is free and non-binding. We match you with a regulated Polish lawyer; most matters are handled remotely under a power of attorney.

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You don't have to be, but it looks much better if you are. If you can't make it, send a witness and ask them to take photos/video and be there when the keys change hands.

What format should the protocol take?

There's no fixed format — it can be handwritten or typed. What matters is that it includes the date, the flat's condition, and both parties' signatures. Two or three sentences is enough.

How many photos should I take?

The more, the better. But aim for at least 3–5 photos per room (general shots plus close-ups). If there's a dispute, every photo is an argument in your favour.

What if the landlord claims there's damage and wants more money than the deposit covers?

That's against the law — deductions can only go up to the value of the deposit. If the landlord wants more, they'd need to bring a separate claim.

Can the landlord simply refuse to return the deposit at all?

They could try, but it would be unlawful. They can only deduct specific, justified amounts. If they refuse to return it, send a formal demand letter, and if that fails, bring a court claim.

What's the time limit for going to court?

Claims for the return of a deposit generally carry a 6-year limitation period (unless the contract provides otherwise). But it's worth acting quickly — the sooner you act, the stronger your position.