Rental Deposit Laws in Poland: Your Rights & Obligations

What This Means in Practice

While the legal maximum for a standard lease is 12 months' rent -- a remarkably high ceiling -- the market norm across Poland is 1 to 2 months' rent. Most landlords request one month's rent as a deposit. Some, particularly in premium apartments or when renting to tenants without a Polish credit history, ask for two months. Anything beyond two months is unusual and should be questioned.

For occasional and institutional leases, the lower cap of 6 months' rent still far exceeds typical practice. If a landlord demands more than 2 months' rent as a deposit, ask for a written justification. If they demand more than the legal maximum for the lease type, the excess is unenforceable and you can recover it.

Typical Deposit Amounts by City (2026)

Here is what you can expect to pay as a deposit across Poland's major cities, based on current market data.

Lawful Deductions

A landlord may deduct from your deposit only for the following:

• Unpaid rent. If you owe rent at the end of the lease, the landlord can deduct the outstanding amount from the deposit.
• Unpaid utility bills. Outstanding czynsz, electricity, gas, or water bills attributable to your tenancy period can be deducted.
• Damage beyond normal wear and tear. This includes holes in walls (not small nail holes), broken windows, stained or burned carpets, broken appliances due to misuse, missing inventory items, and damage from pets.
• Cleaning costs if the apartment is left excessively dirty. This applies only to conditions beyond what a standard clean would address -- not routine cleaning that any turnover would require.

Unlawful Deductions: What Landlords Cannot Keep

These are the most common illegal deductions. If your landlord attempts any of these, you have legal grounds to contest:

• Normal wear and tear (zuzycie naturalne). Scuffed walls from furniture, faded curtains from sunlight, worn carpet from foot traffic, minor scratches on hardwood floors, yellowed paint, and light marks from picture hooks are all normal wear and tear. They are the inevitable result of someone living in the apartment and cannot be deducted under Polish law.
• Pre-existing damage. Any damage that existed when you moved in is the landlord's responsibility, not yours. This is why move-in documentation is critical.
• Depreciation of appliances. A 10-year-old washing machine that stops working is not your fault. Appliances have a natural lifespan, and their breakdown from normal use is not deductible.
• Professional cleaning for normal conditions. If the apartment is in reasonable condition when you leave, the landlord cannot deduct for professional cleaning. Only excessive filth justifies a cleaning deduction.
• Repainting for aesthetic preference. If the walls are in normal condition with expected wear, the landlord cannot charge you for repainting simply because they want fresh paint for the next tenant.

The Gray Areas

Some deductions fall into a gray zone where reasonableness must be assessed case by case. Examples include: small nail holes versus large mounting holes, pet odor removal, cigarette smoke damage (if smoking was permitted in the lease), and replacement of keys or locks when the tenant fails to return all copies. In these cases, documentation and the move-in inventory protocol become decisive evidence.

What Triggers the 30-Day Clock

The 30-day period begins on the date the tenant vacates the apartment and returns the keys. If a move-out inspection (protokol zdawczo-odbiorczy) is conducted -- and it should be -- the clock starts on the date of that inspection. If the landlord delays or refuses to schedule an inspection, the clock still starts from the date the tenant vacates and returns keys.

The return should include the full deposit minus any lawful deductions. If the landlord makes deductions, they must provide an itemized list of what was deducted and why. Vague statements like 'apartment damage' without specifics are not sufficient.

Step-by-Step Deposit Return Process

Here is the process you should follow to maximize your chances of a full deposit return:

• Step 1 (Move-out day): Conduct the move-out inspection with the landlord present. Walk through every room together. Note the condition of walls, floors, appliances, and fixtures on the inventory protocol. Both parties sign it.
• Step 2 (Move-out day): Take date-stamped photos and video of every room, every surface, every appliance. These are your evidence. Share them with the landlord via email to create a timestamped record.
• Step 3 (Move-out day): Return all keys and confirm this in writing (email or signed receipt).
• Step 4 (Within 30 days): The landlord must return the deposit minus any deductions, with an itemized explanation of any amounts withheld.
• Step 5 (If not returned): Send a formal written demand (wezwanie do zaplaty) via registered mail. Give the landlord 14 days to respond.
• Step 6 (If still not returned): File a claim with the local district court (sad rejonowy). See the dispute resolution section below.

Can the Landlord Delay Return?

Some landlords argue that they need to wait for final utility bills before returning the deposit. While this is a practical concern, it does not override the 30-day legal deadline. A reasonable approach is for the landlord to return the bulk of the deposit within 30 days and retain a small, agreed-upon amount (documented in writing) to cover potential final utility charges, which is then settled when the bills arrive. However, the landlord cannot use outstanding bills as an excuse to withhold the entire deposit indefinitely.

Before Signing the Lease

• Confirm the deposit amount is within legal limits for your lease type.
• Ensure the deposit amount, payment method, and return terms are clearly stated in the written contract.
• Check that the lease specifies conditions under which deductions can be made.
• Negotiate a clause requiring the landlord to provide itemized deductions in writing.
• Get a written receipt for the deposit payment (or pay by bank transfer for a paper trail).

At Move-In

• Conduct a thorough inventory inspection (protokol zdawczo-odbiorczy). This document lists every room, fixture, appliance, and their condition. Both parties sign it. For occasional and institutional leases, this is legally required. For standard leases, it is strongly recommended.
• Photograph everything. Take date-stamped photos and video of every room, wall, floor, ceiling, appliance, window, and bathroom fixture. Capture existing damage in close-up detail.
• Email the photos to the landlord. This creates a timestamped, third-party-verifiable record that the landlord cannot later deny receiving.
• Note meter readings. Record electricity, gas, and water meter readings at move-in. Photograph the meters.
• Test all appliances. Run the washing machine, dishwasher, oven, and heating. Report any issues in writing immediately.

During Your Tenancy

• Report maintenance issues in writing (email) as they arise. This creates a record that damage was reported and is the landlord's responsibility to fix.
• Keep copies of all rent payment receipts and utility bills.
• Do not make structural changes (removing walls, painting unusual colors, installing fixtures) without written landlord consent.
• If you have permission to hang pictures, use appropriate hardware that minimizes wall damage.

At Move-Out

• Clean the apartment thoroughly before the inspection.
• Conduct the move-out inventory inspection with the landlord present.
• Photograph everything again, using the same angles as your move-in photos for comparison.
• Return all keys and get written confirmation.
• Provide your bank account details for the deposit return in writing.
• Record final meter readings and photograph them.

Step 1: Formal Written Demand (Wezwanie do Zaplaty)

Send a registered letter (list polecony) to the landlord demanding return of the deposit within 14 days. Include: the amount owed, the legal basis for your claim (Art. 6 of the Tenant Protection Act), your bank account details, and a statement that you will pursue legal action if the demand is not met. Many disputes are resolved at this stage because the landlord realizes you know your rights. The cost of sending a registered letter is approximately 8-12 PLN.

Step 2: Municipal Tenant Advisory Service

Most major Polish cities offer free legal advice for tenants through municipal advisory offices (poradnia prawna dla lokatorow). These offices can review your case, help you draft legal documents, and advise on the strength of your claim. Available in Warsaw, Krakow, Wroclaw, Gdansk, Poznan, and other large cities.

Step 3: Consumer Ombudsman

If your landlord is a company or registered property manager (rather than a private individual), you can file a complaint with the municipal consumer ombudsman (Rzecznik Praw Konsumenta). Their intervention is free and can be effective pressure on professional landlords who value their reputation.

Step 4: Small Claims Court

For deposit amounts under 20,000 PLN -- which covers the vast majority of residential deposits -- you can file a simplified claim (postepowanie uproszczone) with the local district court (sad rejonowy). Key details:

• Court fee: Typically 5% of the claimed amount (minimum 30 PLN). For a 3,000 PLN deposit, the fee is 150 PLN.
• Timeline: Simple cases are often resolved within 2-4 months. Complex cases may take 6-12 months.
• Lawyer: Not required for small claims. You can represent yourself. Court staff can help you with procedural forms.
• Evidence needed: Your lease, deposit payment proof (receipt or bank transfer), move-in photos and inventory, move-out photos and inventory, any correspondence with the landlord, and your formal demand letter.
• Interest: You can claim statutory interest (currently around 11.25% per year) from the date the deposit should have been returned.

Step 5: Mediation

Court-annexed mediation is available and often faster than a full trial. Both parties must agree to mediation, and if a settlement is reached, it becomes legally binding when confirmed by the court. Mediation costs are modest -- typically 150-300 PLN -- and are often split between the parties.

Model 1: Each Tenant Has a Separate Lease

In this arrangement, each flatmate signs an individual lease with the landlord for their room and shared access to common areas. Each tenant pays their own deposit directly to the landlord and has an individual right to its return. This is the cleanest arrangement from a deposit protection standpoint because your deposit is independent of your flatmates' behavior.

When you move out, the landlord inspects your room and your share of common areas. Your deposit return is not affected by whether other tenants owe rent or have caused damage in their own rooms.

Model 2: One Joint Lease

Here, all flatmates sign a single lease as co-tenants (solidarnie). A single deposit is paid -- either by one person or pooled from all tenants. This is riskier because all tenants are jointly and severally liable. If one flatmate damages the apartment or leaves without paying rent, the deposit for all tenants is at risk.

If you are entering a joint lease, it is wise to have a separate written agreement between flatmates specifying each person's deposit contribution and the conditions under which internal reimbursement occurs.

Model 3: Subletting from a Master Tenant

In this arrangement, one tenant holds the lease with the landlord and sublets rooms to other flatmates. The master tenant collects deposits from subtenants. Your deposit relationship is with the master tenant, not the landlord. This means your deposit protections depend on the subletting agreement rather than the main lease.

If the master tenant is managing the apartment through Domkaspot, the platform can help structure deposit arrangements transparently. Otherwise, ensure you have a written subletting agreement that clearly states the deposit amount, conditions for deduction, and return timeline.

Common Area Damage: Who Pays?

Damage to common areas (kitchen, bathroom, living room) in shared apartments is one of the most contentious deposit issues. If no one claims responsibility, the landlord may deduct equally from all tenants' deposits. To protect yourself, document common areas at move-in and move-out, report damage to the landlord in writing as soon as you notice it, and if possible, identify who caused the damage. Internal agreements between flatmates about common area responsibility are valuable insurance.