Damage vs Fair Wear and Tear in a Polish Rental — Where's the Line?

You rent a flat in Poland, pay your rent on time, and after a year you hand back the keys and wait for your deposit. Then the landlord says: "The walls are too worn, the floor is scratched, the carpets are threadbare — I'll be deducting 500 zł." The question is: can they actually do that? And what does "fair wear and tear" even mean under Polish law? The line between what a landlord can legitimately deduct from your deposit and what should never be charged to you is often blurry — but the law does give some pointers. This guide sets out where that line sits, which examples typically count as "normal", and when a landlord is helping themselves to money they're not entitled to.

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

What the law says about "fair wear and tear"

The Polish Act on the Protection of Tenants' Rights (ustawa o ochronie praw lokatorów, Article 6e) provides that a tenant is liable for the condition of the property beyond fair wear and tear. In other words, a landlord cannot deduct for typical, natural deterioration that results from ordinary use of the flat. However, the statute doesn't spell out exactly what counts as "fair wear and tear" — that's left to interpretation and case law.

In practice: - Fair wear and tear — deterioration that happens to any flat under normal, reasonable use (dulling of the walls, a worn carpet, misted-up windows, paint faded by sunlight). - Damage — deterioration caused by negligence, carelessness, or a failure to take reasonable care (a cracked window, deep scratches in the parquet, torn wall panelling, gouges in the plaster).

Typical examples: what counts as fair wear and tear

Based on practice and court rulings, the following is usually treated as fair wear and tear:

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Walls: light marks, tired-looking paint, minor scuffs, small imperfect patches where furniture was fixed.
Floors: a carpet worn thin in high-traffic areas, dulled varnish, natural ageing of the material.
Windows: misted or fogged glass (condensation residue), light scratches from cleaning and everyday care.
Doors: light marks, paint wearing off, slightly loose hinges.
Lighting: fittings looking tired, bulbs dimming over time.
Fixtures: handles working loose, natural wobble from normal use.
Appliances: ordinary grime, scale on radiators, general ageing typical of that kind of fitting.

Examples that are not fair wear and tear

Damage that a landlord may legitimately deduct for includes:

A cracked window or mirror — resulting from negligence or an accident.
Significant scratches, cracks, or holes in the floor — particularly from dropped furniture or heavy-handed treatment.
Large stains on the walls — caused, for example, by a leak, cooking grease, or marks that simply won't come off.
Broken doors — smashed, or with serious damage to the veneer.
Torn or completely ruined carpets — where the damage is severe (holes, very large stains).
Missing or completely corroded fittings — handles, switches, to the point where they need replacing.
Water damage — where it resulted from a leak caused by the tenant's negligence.

⚠️ The key point is that the line between "fair wear and tear" and "damage" is often genuinely arguable — it depends on the flat's condition at check-in, the length of the tenancy, the type of material involved, and the specifics of the incident. This is a question for a lawyer to assess.

Avoiding disputes: documenting the handover

It's far better to protect yourself in advance than to fight over your deposit afterwards:

Check-in/check-out inventory (protokół zdawczo-odbiorczy): before moving in and again at handover, draw up — or check carefully — a written record of the condition of the property at that date (what's in good order, what's worn, what needs repair). A signed inventory is solid evidence.
Photos and video: take detailed photos of every room — walls, floors, doors, windows — dated. Video with a running commentary is even stronger. Comparing the handover condition against your move-in documentation is your best argument.
A written breakdown: if the landlord tries to deduct something you disagree with, ask for a detailed breakdown — exactly which items of damage, an estimate of the cost, photos. If they can't produce one, that's a sign they may be improvising.
Deadline for return: under Polish law, a landlord must return the deposit within one month of the property being vacated, deducting only for genuine, justified sums. If you're waiting much longer than that, it's not a good sign.

When the matter needs a lawyer

Consult a specialist if:

the landlord deducted a large sum with no detailed justification ("for general wear" with no itemised list),
there's no check-out inventory, or it's illegible or disputed,
the landlord claims something implausible (that you're responsible for damage that was already there when you moved in),
there's no photographic record from move-in, and the landlord is making unsubstantiated claims,
the amount deducted clearly doesn't match the condition described,
you were renting for business purposes, and the matter has extra complications.

When it may not be worth pursuing

If the landlord has deducted only 100–200 zł, and getting it back would mean going to court (fees, waiting times), sometimes it's simply not worth the hassle. That said:

If it's a landlord you deal with repeatedly (say, a family member's tenancy), it may be worth standing your ground — for the sake of future dealings.
If the deduction is clearly unjustified (e.g. 500 zł for "light wear on the walls"), it's always worth pushing back in writing and setting out your position.

Common mistakes tenants make

No documentation from the start — most people do take some photos, but often undated, blurry, or without any way of proving whether they show the state at move-in or move-out.
Agreeing to everything — you meet the landlord, they point at a scratch, and you say "fine, OK" because you don't want an argument. Two weeks later there's an invoice for an 800 zł repair.
Confusing a duty to renovate with fair wear and tear — thinking you're obliged to hand the flat back fully redecorated. You're not — you're only obliged to return it in a state of "fair wear and tear".
Not sending a formal demand — instead of going to court or writing a letter, doing nothing. The landlord will feel there's no comeback.
Waiting too long — if you wait a year to chase your deposit and do nothing in the meantime, you risk the claim becoming time-barred.

Frequently asked questions

Can I refuse a deduction and insist on my full deposit back?

Yes — but only if there's genuinely no justification for it. If the landlord has evidence of damage (photos, reports), it will be harder for you to argue your case without evidence of your own. That's exactly why an inventory and photos matter so much.

Which kinds of damage are definitely fair wear and tear?

Typically: tired-looking paint, worn carpets (without holes), misted windows, light marks on walls, slightly loose door hinges. But even these can be disputed — it all depends on how long you lived there and the flat's condition at the start.

What should I do if the landlord doesn't return the deposit on time?

Send a written demand setting out a specific request for the deposit to be returned, with a warning of the consequences (for example, "within 14 days, or I will take legal steps"). If that doesn't work, you can file a claim in the local Polish district court (sąd rejonowy).

Can a landlord deduct for something that isn't mentioned in the tenancy agreement?

If the agreement clearly states that "the tenant is liable for X, Y, Z", the landlord can't add extra items beyond that list. If the agreement is silent, the statutory rules apply — that is, Article 6e (liability for condition beyond fair wear and tear).

What if there are several small items — can they be added together to justify a deduction?

In theory, yes — if there are lots of minor issues (a few small scratches, marks, loose screws), a landlord can total them up. But each one still needs to be specifically described and justified, and you're entitled to object if you believe it amounts to fair wear and tear.

Content reviewed: 26 June 2026.