Landlord Won't Return Your Deposit in Poland — What Can a Tenant Do?

You've moved out of a rented flat in Poland, left it empty, and the landlord promised to return your deposit — but a month, two, three have gone by and the money hasn't shown up. Or the landlord claims they're keeping the deposit for "damage" you're sure you didn't cause. Under Polish law you have a statutory right to get your deposit back within a set deadline and under strict conditions. This guide walks through what those rights are, what to check, and when it's time to go to court.

This guide is general legal information, not legal advice. How the rules apply depends on the tenancy agreement, the evidence and the circumstances, and on whether the matter is treated as consumer, civil or commercial. 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.

The basic right to a deposit refund

A deposit (kaucja) is security money. The landlord may keep it only to cover: - unpaid rent, - unpaid utility bills or charges, - the cost of repairing damage beyond normal wear and tear.

Everything else — meaning the whole deposit, or most of it — must be returned.

Deadline for the refund: The deposit must be returned within one month of the day you vacate the property (Article 6(4) of the Polish Act on the Protection of Tenants' Rights, ustawa o ochronie praw lokatorów). This isn't a guideline — it's a statutory obligation the landlord must comply with.

What can the landlord deduct from the deposit?

Deductions are only allowed when:

1. They are documented — receipts, invoices, a surveyor's valuation.
2. They relate to damage beyond normal wear and tear — e.g. a broken window, a hole in the wall, a ruined carpet. This does not include: faded paint on the walls, floor scuffed by everyday use, or dulled mirrors.
3. They were recorded in a handover report (protokół) — i.e. listed at the final inspection (or flagged earlier in writing).

Important distinction: The landlord cannot deduct for: - Rent arrears that you have already paid. - Ordinary wear — paint, flooring, fittings or sockets. - Cleaning costs, if these were already covered by a separate cleaning deposit. - Utility charges you've already paid or settled.

When should you get the money back?

The clock starts on the day you vacate the property — that is, when you finally hand back the keys and the landlord takes possession of the flat. Count one month from that date. Example:

• You hand back the flat: 25 April 2026
• Refund deadline: by 25 May 2026
• If nothing has arrived by 25 May, the landlord is already in default.

What to do if the landlord won't return your deposit

Step 1: Re-establish contact (if you haven't already)

Send the landlord something in writing (email, a text with read receipt, or registered post):

I am writing regarding the return of the deposit of [amount] paid under the tenancy agreement dated [date of agreement]. The property was vacated on [date]. Under Article 6(4) of the Act on the Protection of Tenants' Rights, the deposit should be returned within one month of vacating the property. To date I have received neither the deposit nor an itemised breakdown of any deductions. Please return the deposit by [date, e.g. 7 days] or provide a written justification of any deductions.

Why put it in writing? Because it creates evidence that you did chase this up.

Step 2: Gather your evidence

Before going to court, make sure you have:

• The tenancy agreement — a copy of the whole contract, especially the deposit clause.
• Proof the deposit was paid — a bank statement, transfer confirmation, or receipt.
• The handover report — if one was drawn up; if not, the absence of a report actually works in your favour (the court will tend to presume the property was in good order beyond normal wear and tear).
• Correspondence with the landlord — every email or text in which you asked about the deposit.
• Time-and-date-stamped photos of the property — taken at move-in and again at final handover.
• The absence of receipts for any deductions — if the landlord claims they deducted, say, 2,000 PLN for "floor repairs" but can't produce an invoice, that's their problem, not yours.

Step 3: A formal letter before payment (optional, but worth considering)

Send a formal demand letter (in writing, by registered post):

Demand for payment of the deposit of [amount] paid under the tenancy agreement dated [date]. Property vacated on [date]. The deadline expired on [end-of-month date]. I require payment by [date, e.g. 14 days].

A demand letter is not a lawsuit, but it signals serious intent. Some landlords settle faster once they see you're prepared to go to court.

Step 4: Filing a claim (if the demand letter doesn't work)

You file the claim in the ordinary courts (the competent court is the sąd rejonowy — district court — for the area where the property is located). The legal basis for the claim: - Article 6 of the Act on the Protection of Tenants' Rights (return of the deposit within the deadline), - Article 471 of the Polish Civil Code (Kodeks cywilny, KC) (compensation for failure to pay a sum due).

Claim amount: the full deposit + statutory default interest (Article 481 KC) calculated from the date the refund deadline expired, + court costs.

Court fee: the fee depends on the value of the claim and is calculated by the court under the current rules. If you win, as a general rule the losing party covers the costs of proceedings (to be confirmed for the specific case).

Why landlords don't return deposits — common excuses and how to counter them

What counts as "normal wear and tear"?

This is always a somewhat grey area, but broadly:

Normal wear and tear (not deductible): - Walls needing a fresh coat of paint after a few years. - Linoleum or parquet worn in high-traffic spots. - Minor scratches on windows. - Watermarks under a sink. - Small nail or picture-hook holes (up to 5 mm).

Damage beyond normal wear and tear (deductible): - A large hole in the wall (3+ cm) or several deep holes. - A broken window or mirror. - Spilled paint on the floor that won't come out. - A carpet burned by a cigarette. - A broken handle, hinge or door.

Grey area: - A scratched pane of glass (might already have been there when you moved in — the landlord is responsible for the property's initial condition). - Light floor scratches (whether this counts as normal wear is often down to the judge).

That's why the handover report (protokół zdawczo-odbiorczy) matters so much — it lets both sides establish what was already damaged before the tenancy began.

The role of the handover report

Move-in report: A record of the property's condition at the start of the tenancy — walls, paint, fixtures, lighting. Signed by both parties.

No move-in report = The landlord has to prove that any defect appeared during your tenancy (which is hard for them).

Move-out report: The property's condition after you vacate — photos, notes, signatures.

No move-out report = A gap in the evidence, but photos can still help.

If the landlord claims "there was a hole in the wall that you agreed to fix," show them the move-in report. If there isn't one, that's their evidential problem, not yours.

When it's worth consulting a lawyer

It's always worth getting advice when:

• the deposit exceeds 3,000 PLN,
• the landlord claims to have deducted a large sum but won't produce receipts,
• several months have passed since the deadline with no response,
• the landlord has become hard to reach (changed number, moved abroad) — you'll need to know how to formally notify them.

When pursuing the claim may not make economic sense

Sometimes court costs (the fee plus any legal help) outweigh the deposit itself. If:

• the deposit is 500 PLN and the court fee is 100 PLN → still worth pursuing,
• the deposit is 300 PLN and the dispute could drag on for a year → possibly not worth it.

Bear in mind, though: if the landlord is withholding money without any basis, you can also claim statutory default interest (Article 481 KC) — the current rate is set by law.

Common tenant mistakes

• No handover report — before moving in and when moving out. Always create one, even if it's just an email with photos attached.
• No written request — informally nagging the landlord ("hey, why haven't you paid my deposit back?") isn't evidence. An email or registered letter is.
• Paying for cleaning without the landlord's instruction — if the agreement says you must hand the flat back "clean" and you do the cleaning and pay for it yourself, keep the receipt. But don't pay for more than "ordinary cleaning," since the landlord isn't obliged to accept that cost.
• No photos — moving out without photos taken beforehand weakens your case. Take a handful of dated photos of every room (using your phone's built-in timestamp).

Frequently asked questions

Exactly how long does the landlord have to return the deposit? Exactly one month from the day the property is vacated. If the money hasn't arrived by the last day of that month, the landlord is already in default.

Can I offset the deposit myself if the landlord owes rent arrears the other way? No, those are two separate matters. If the landlord owes you something (e.g. a utilities deposit refund), that's a separate claim.

The landlord says cleaning cost 1,500 PLN. Is that legitimate? It depends on the agreement. If the contract says you must hand the property back cleaned, that's normal. But 1,500 PLN is a lot — they should be able to produce an invoice. If they can't, there's no basis for the deduction.

Can I sue the landlord for the delay in returning the deposit? Yes. On top of the deposit itself, you can claim statutory default interest (Article 481 KC); the rate follows the current statutory rules. The longer the landlord delays, the larger the total interest.

What if the landlord withholds the deposit but the agreement says "the deposit is forfeited"? That kind of clause is unfair (abuzywna) and doesn't bind you. The Act on the Protection of Tenants' Rights takes precedence — the deposit must be returned unless there are specific, documented deductions.

How long do I have to file a claim if the landlord hasn't returned the deposit? Generally six years from the date the deposit was due back (the limitation period). But don't wait — the sooner you act, the better. Evidence and memories are fresher.

Related articles: - Rental deposit deductions — what a landlord can and can't keep - No handover report when moving out — how to reclaim your deposit - Damage vs normal wear and tear — where's the line? - How to build an evidence pack for a dispute with a company

Legal information verified: 26 June 2026.