For both sides
Rental deposit in Poland — how much and when it comes back
The deposit protects the owner against arrears and damage — and it comes back after you hand the flat over, reduced only by what is genuinely owed.
Legal status as of October 9, 2026
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Do this to get the whole deposit back
- A handover report at move-in, signed by both sides
- Photographs of every room and every visible defect, with dates
- Written readings from all meters
- Proof the deposit was paid — by transfer, described as "kaucja"
- Report faults in writing, not by phone
- A closing report at move-out, again with photographs and meter readings
- Your bank account given to the owner in writing
How it works, step by step
- 01
Setting the amount
The parties agree the deposit, but the Tenants' Rights Protection Act sets a ceiling, and it is well above market custom. In practice an ordinary tenancy deposit is usually one or two months' rent; for an occasional tenancy the Act sets a lower cap than for an ordinary one.
Pay by bank transfer with a description, never cash without a receipt. The transfer is evidence you will not have to reconstruct later.
- 02
The move-in report
Before you bring anything in, walk the flat room by room and write down everything already damaged: scratches, stains, a draughty window, a burner that does not light. Add the meter readings and a list of the furnishings.
Take photographs on your phone on handover day and keep them for the whole tenancy. The file date is sometimes the only proof the defect was there before.
- 03
During the tenancy
Report faults in writing — a message, not a conversation. If the owner does not respond, the correspondence proves the problem existed and was reported. The same goes for permission to make small changes: verbal consent disappears along with memory.
- 04
Handing the flat back
Arrange the closing report for a day when the flat is empty and cleaned. Compare the condition against the initial report, take the meter readings and establish what the owner wants to deduct and for how much.
If something needs fixing, ask for a few days to repair it before signing the report. Repairing it yourself is almost always cheaper than a deduction.
- 05
The return
After the flat is vacated, the deposit returns within the statutory period, less the owner's claims. Deductions should be itemised — amount, item, basis.
If neither the transfer nor the calculation arrives on time, send a written demand with a new deadline and your account number. That is another document worth having later.
What the owner may deduct — and what they may not
Deductible items are unpaid rent and charges, outstanding utility bills, and the cost of repairing damage caused by the tenant or their guests. The basis is the difference between the opening and closing reports.
What cannot be deducted is normal wear from living there: paint worn after a few years, dulled grouting, perished seals, furniture marks on the floor. The owner carries that, because it is a cost of running a tenancy, not damage.
Repainting is a frequent flashpoint. If the agreement does not require the flat to be returned freshly painted, repainting after a few years of ordinary use is wear rather than damage. If it does require it, the clause binds — and the cost should be counted before signing.
The mistakes that cost people their deposit
No report at move-in. That single omission causes most disputes: without it every scratch is "the tenant's", because nobody can show otherwise.
A deposit paid in cash without a receipt. A year later neither the amount nor the payment itself can be proven.
Moving out without a closing report. The tenant hands over the keys and leaves, the defect list is drawn up without them — and then neither the items nor the amounts can be challenged.
Unreported faults. A dripping valve the owner never heard about becomes a ruined floor a year later — and then the conversation is about damage, not a repair.
From the owner's side
A deposit is not an advance on the last month's rent. A tenant who "lives out the deposit" leaves the flat unsecured — so the agreement should state plainly that the deposit cannot be set off against rent.
Back deductions with a quote or an invoice. An amount given with no basis is the first step towards a dispute, even when it is justified in itself.
If the damage exceeds the deposit, the deposit does not close the matter — the owner may pursue the difference. It works the other way too: keeping the whole amount "just in case" has no basis.
Frequently asked questions
What is the maximum rental deposit in Poland?
The ceiling comes from the Tenants' Rights Protection Act and is a multiple of the monthly rent — clearly higher than what the market actually asks. For an occasional tenancy the cap is lower than for an ordinary one. In Warsaw, deposits are usually one or two months' rent.
How soon must the owner return the deposit?
The Act ties the return to the day the flat is vacated and sets a period counted in weeks rather than months. An agreement may set a shorter deadline, but not a longer one than the statute.
Is the deposit indexed?
The Act provides for returning an indexed amount under the rules it sets out, after deducting the owner's claims. Worth remembering in a tenancy lasting several years, especially if the rent rose during that time.
Can the owner keep the deposit because the flat was not repainted?
Only if the agreement requires the flat to be returned painted. Without such a clause, refreshing the walls after normal use is the owner's cost, not the tenant's damage.
This text describes the legal position as of the date above and is informational — it does not replace legal advice on a specific case. If your situation differs from the one described, write to us or consult a lawyer.
See also
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We call back every day, 10:00–18:00We speak English