Rental Deposit Deductions in Poland: What a Landlord Can and Can't Keep

You've moved out. The landlord says: "Fine, you'll get the deposit back, but I'm deducting something for repairs." But what exactly can they deduct, and what can't they? Can they keep the deposit over ordinary dirt? And if you settle a utility bill after moving out, does that come out of the deposit too? This guide draws a clear line between lawful and unlawful deductions — because that line does exist, and the landlord has to respect it.

This guide is general legal information, not legal advice. How the rules apply depends on the tenancy agreement, the evidence available, and the circumstances — including whether this is a consumer, civil, or commercial matter. Where advice or representation is needed, the matter should be assessed by a qualified Polish lawyer or another relevant specialist. Twoja Sprawa helps you organise the documents for that assessment.

What is a deposit for?

A deposit is security. The landlord holds it in case you: - fail to pay rent or utility bills, - damage the flat, - leave the flat in poor condition.

But a deposit is not a cleaning fund, it's not a penalty for being a tenant, and it's not "payment for the privilege of renting to you." A deposit has one specific purpose — covering obligations you actually owe the landlord.

The maximum lawful deposit under Polish law is twelve times the monthly rent (Article 6(1) of the Act on the Protection of Tenants' Rights, ustawa o ochronie praw lokatorów). If the landlord asked for more, that excess is unlawful.

Which deductions ARE lawful?

A landlord can lawfully deduct from the deposit:

1. Unpaid rent (if you genuinely didn't pay it)

Example: The agreement sets rent at PLN 2,000/month, and you only paid for 11 of the 12 months. The landlord can deduct PLN 2,000 for the unpaid month.

But: if you paid every instalment, they cannot deduct an amount "for reasons unknown."

Evidence: Bank statements, transfer records — the landlord should be able to state precisely how much you owe and for which period.

2. Unpaid utilities or service charges (if they were contractually your responsibility)

Example: The agreement states you pay for electricity and water. The last electricity bill was PLN 150 and went unpaid. The landlord can deduct PLN 150.

But: this only applies if the utility account was in your name/on your responsibility. If bills were on the landlord's account, they must pay them themselves — the deposit shouldn't be touched.

Evidence: Copies of the final bills and proof they went unpaid.

3. Repair costs for damage beyond fair wear and tear

This is the most disputed category, because "fair wear and tear" is a fuzzy concept. Broadly, though:

Deductions can be made for: - A broken window (glass replacement). - A hole in the wall bigger than roughly 3 cm (plastering, repainting). - A broken door handle, hinge, or door. - A damaged carpet (e.g., cigarette burns, deep stains that won't come out). - A ruined kitchen worktop (cuts, scorched or gouged surfaces). - A cracked toilet bowl.

Requirement: every deduction must be backed by: 1. A document (a bill, invoice, or tradesperson's quote), 2. Evidence that you actually caused the damage (i.e., it wasn't there at the start of the tenancy — the check-in report is key), 3. A reasonable price (not PLN 5,000 to repaint a single wall).

4. Costs arising from use that breached the tenancy agreement

Example: The agreement says "no smoking indoors" but you smoked, leaving the room smelling of smoke. The landlord can deduct the cost of odour removal or cleaning, provided they have a receipt for it.

Which deductions are NOT lawful?

❌ Ordinary wear and tear cannot be deducted

Of course a flat wears down over time — that's normal. Landlords cannot charge you for:

• Faded or dulled paint on the walls — after a few years of occupation, paint naturally fades and walls pick up marks; this is ordinary wear. Repainting periodically is part of the landlord's own maintenance cost.
• Worn flooring or lino in high-traffic areas — scuffs and thin patches from foot traffic or furniture are normal. Replacing the flooring is a cost the landlord bears if they intend to re-let the property.
• Small nail or pin holes (up to about 5 mm) — a wall with a few picture-hanging holes is a normal result of living in a home.
• Minor drips in the sink — if a tap occasionally drips, that's normal wear on the fittings.
• A dulled mirror (loss of shine) — that's wear, not damage.
• A scratched (but not broken) window pane — this could be a manufacturing flaw or pre-existing, not tenant-caused damage.

❌ Cleaning cannot generally be deducted (unless the agreement says otherwise)

A large share of disputes start here. The landlord claims: "The flat was dirty, I had to clean it, so I deducted PLN 1,000."

But: cleaning is a normal cost of maintaining a rental property. Landlords should expect that tenants generate everyday dirt — that's simply a fact of occupation.

Possible exceptions (depending on the agreement): - If the agreement explicitly says you must hand the flat back clean, some reasonable cleaning charge may apply. Even then: - The flat must have been genuinely dirty, not just have ordinary dust. - The charge must be reasonable — up to roughly PLN 200–300 for a whole flat, not PLN 1,000+. - There must be a receipt from the cleaners.

❌ "Renovation" or major refurbishment cannot be deducted

Some landlords think: "Well, the deposit is PLN 5,000, so I'll just do up the flat with it."

No. Deposit deductions cover repairing damage, not refurbishing the property.

• Repainting the whole flat = the landlord's own refurbishment, not a deduction.
• Replacing kitchen fittings = refurbishment, not a deduction.
• Replacing a broken cupboard door = a legitimate deduction (if you broke it).

❌ Deductions without an invoice or receipt are not lawful

If the landlord says "I deducted PLN 500 for repairs" but can't produce a receipt, that's an unsubstantiated deduction.

The evidence should be: - A tradesperson's invoice (dated, with a description of the work), - A quote or estimate obtained before the work, - A shop receipt or invoice (if materials were bought).

No documentation means your deposit should be returned in full.

❌ Deductions for things you never actually broke

The landlord claims: "The sink was damaged while you lived there, so it must have been you."

But: if the check-in report already notes the sink was damaged, that's on record — you're not liable, and there's no basis for a deduction.

Without a check-in report, things get murkier, but Polish courts generally lean in the tenant's favour: if the landlord has no evidence you caused the damage, no deduction is justified.

❌ Deductions "just for renting the place" are not lawful

This sounds strange, but some landlords try it anyway: - "I'll deduct PLN 300 a month for upkeep of the property." - "I deducted an amount for the fact you lived here for a year."

This is unlawful. Deductions only cover specific, documented damage and arrears — never simply "being a tenant."

What proper deduction documentation should look like

The landlord is obliged to give you an itemised breakdown of deductions. A proper deposit statement looks like this:

Deposit settlement for the flat at Street X, No. 10, Flat 5

Deposit paid: PLN 5,000

Deductions: - Unpaid rent for November 2025: -PLN 1,000 (arrears notice + bank statement) - Window repair (glass replacement): -PLN 400 (glazier's invoice, dated 15 May 2026)

Total to be refunded: PLN 3,600

Copies of receipts/invoices enclosed.

How you should respond: - "I've checked the invoice for the window — there genuinely was a hole there, I accept the PLN 400 deduction." - "But the PLN 500 cleaning charge has no invoice behind it — that's unsubstantiated, and I want that PLN 500 refunded."

Where's the line between wear and damage?

This is a genuinely disputed area, so it helps to know how Polish courts tend to approach it:

The role of the check-in/check-out inspection report

This is the key document. Without it, tenants win the vast majority of disputes.

The check-in report (protokół zdawczo-odbiorczy, the inventory taken when you move in) should record: - The condition of every wall, floor, and window (any pre-existing damage?). - The furnishings and fittings (is everything that was agreed actually present?). - Water/utility meter readings at the start.

Without a check-in report: - If the landlord simply says "it was new, now it's damaged," that's their evidential problem to solve. - Courts will generally presume the flat was in good order at the start of the tenancy.

The check-out report should record: - The condition of the property after you've moved out (any new damage caused by you?). - Whether the flat was left reasonably clean. - Final water and electricity meter readings.

No check-out report? Both sides end up in a weaker position — the landlord has nothing solid to rely on, and you'll need other evidence to show you handed the flat back in good condition.

Steps to take if you disagree with the deductions

If the landlord's deductions look unsubstantiated:

1. Go through the itemised breakdown — does every line have documentation behind it?
2. Ask for the documents — an email along the lines of: "Please could you send copies of the receipts for the following deductions [list]. Without them I can't accept these deductions."
3. If nothing is produced — send a formal demand for payment (wezwanie do zapłaty) for the missing part of the deposit.
4. Court claim — if the demand goes nowhere, you can pursue the refund through the Polish courts (together with statutory default interest under Article 481 of the Polish Civil Code, Kodeks cywilny).

If the landlord's pricing looks unrealistic:

• Get comparison quotes (three tradespeople quoting for the same job).
• If the receipt the landlord produces looks inflated, you can challenge it.
• A court will assess whether the amount charged was reasonable.

Frequently asked questions

Can utilities (electricity, water) be deducted from the deposit? Yes — but only if the utility account was contractually in your name/your responsibility under the tenancy agreement. If it was on the landlord's account, they must settle it themselves.

Does cleaning after I move out always have to come out of the deposit? No. Only if the agreement explicitly requires you to hand the flat back clean. Even then, the charge must be reasonable and backed by a receipt.

The landlord wants to deduct for "wear" — is that lawful? "Wear" on its own is too vague a concept. Specific, documented deductions (a window, a hole in the wall) are lawful; a blanket "wear charge" is not.

Can I just ignore deductions I disagree with? You can't ignore them, but you can dispute them. If the landlord won't refund the missing part of the deposit, you can bring a claim in court.

How long does the landlord have to itemise the deductions? They should provide the breakdown together with the deposit refund — typically within a month of the tenancy ending. If they say "wait, I'm still working it out," that's a delay (and statutory interest starts accruing).

Does a minor accident in the flat (e.g., spilled coffee on the carpet) justify a deduction? It depends on whether it came out or not. If a carpet cleaner confirmed it could be removed chemically, the landlord could have it cleaned. But: - If nobody actually did that, there's no basis for a deduction. - If they did have it cleaned, they need a receipt for it.

Related articles: - Landlord won't return the deposit — what can a tenant do? - No check-out inspection report — how to reclaim your deposit - Property damage vs fair wear and tear — where's the line? - Tenant checklist before handing back the flat and reclaiming the deposit