Moving out of a rented apartment in Poland often ends in conflict: the landlord is in no hurry to return the cash deposit or outright refuses to give the money back. At the same time, Polish legislation clearly defines the return deadlines and the list of grounds on which a landlord is entitled to withhold part of the amount. We explain when you can demand your money, what documents to keep, and where to turn if no voluntary return occurs.
What is kaucja and when must it be returned
In Poland, a cash deposit for renting accommodation is called kaucja. Its purpose is to cover possible debts of the tenant or damage caused to the property during the tenancy. According to Article 6 of the Polish Act on the Protection of Tenants' Rights, under a standard residential lease agreement, the deposit is refundable within one month from the date of vacating the apartment, after deducting any amounts due to the landlord. For example, if a person moved out and returned the keys on November 10, the money should generally be returned by December 10.
A similar one-month period applies to special forms of tenancy, in particular najem okazjonalny — an agreement usually executed with additional notarized documents. For standard rentals, the law also provides a mechanism for recalculating the deposit taking into account changes in rent, so in certain cases, the refund amount may even exceed the initial payment.
What the landlord is entitled to withhold money for
The landlord is not obliged to return the entire deposit if the tenant left debts or caused damage to the property for which they are responsible. Legal grounds for withholding include: utility arrears that the tenant was supposed to cover under the agreement; damage to furniture, household appliances, or other elements of the apartment; and other payable amounts arising from the lease agreement.
At the same time, the landlord cannot arbitrarily assign a fine or keep the entire deposit just because they dislike the condition of the apartment. It is important to distinguish real damage from normal wear and tear resulting from everyday use. If the landlord claims damage, the tenant has the right to demand an explanation of what exactly the money was withheld for and documents confirming the corresponding expenses.
What documents need to be kept
In a dispute, it is important to have confirmation not only of the deposit amount but also of the condition of the apartment at the time of departure. Key documents include: the lease agreement (umowa najmu), which specifies the deposit amount, lease terms, and responsibilities of the parties; proof of payment — bank transfer, receipt, or cash receipt; the acceptance protocol (protokół zdawczo-odbiorczy), recording the condition of the housing, furniture, appliances, and meter readings; photo and video materials of the apartment, especially those taken upon moving in and immediately before leaving; as well as correspondence with the landlord regarding the return of keys, agreement on the departure date, and demands regarding the deposit. The absence of an acceptance protocol does not mean automatic loss of the right to a refund, but proving the circumstances of the dispute in this case is more difficult.
Written demand: The first step after the deadline expires
If the statutory month has expired and the landlord has not returned the deposit or explained the reason for withholding, it is worth moving from verbal agreements to a written appeal. First of all, the landlord is sent a demand for the return of funds in Polish — wezwanie do zapłaty. It is advisable to send it by registered mail with confirmation of receipt, additionally duplicating it by email and keeping proof of dispatch. It is important to understand: 7 or 14 days is the period proposed by the tenant for voluntary fulfillment of the demand, not a new statutory deadline for returning the deposit.
Free legal aid and going to court
If the written demand does not help, the tenant can use legal aid or go to court. Poland has a state system of free legal assistance for people who cannot independently afford a lawyer's services. According to information from the government portal Gov.pl, specialists explain the tenant's rights, help determine the procedure of actions, and prepare the necessary documents; you can sign up for a consultation through the official booking system. If the owner refuses to return the funds, the tenant has the right to file a civil lawsuit for their recovery: depending on the circumstances of the case, a simplified procedure may apply, and the claims must be substantiated with evidence attached. In some cases, electronic order proceedings are possible, but it is not suitable for every dispute — if the landlord disputes the condition of the apartment or the amount of damage, the case may require a more complex procedure.
