Landlord Won't Return Your Deposit in Poland? Deadlines and Lawsuit

The landlord has one month to return the deposit, counted from the day the flat is vacated – not from the day the agreement ends. They may deduct only amounts owed under the lease, e.g. unpaid rent, unpaid charges or the cost of repairing damage beyond normal wear and tear. If the money still has not come back after that deadline, send a written demand for payment, and if that does not help, file a lawsuit. For amounts up to 20 000 zł the case will be heard under the simplified procedure.

How large the deposit can be and when it must be returned

The rules on returning a rental deposit come from the Tenants' Rights Protection Act (ustawa o ochronie praw lokatorów, consolidated text Dz.U. z 2023 r. poz. 725 as amended), not just from the agreement. The agreement cannot put the tenant in a worse position than the Act does – for example, it cannot extend the return deadline or raise the deposit above the cap.

The cap is calculated on the rent in force on the day the agreement was signed. The Act also provides for the return of an indexed deposit: an amount equal to the current rent multiplied by the multiple used when the deposit was taken, but not less than the deposit paid (Art. 6(3), which under Art. 19e also applies to an occasional lease). If the rent went up during the tenancy, keep this in mind when settling up.

What the landlord can and cannot deduct

The deposit can be used to cover amounts owed in connection with the lease. Typically these are:

• unpaid rent and charges which, under the agreement, the tenant was supposed to pay,
• shortfalls in utility payments resulting from settlements,
• the cost of repairing damage for which the tenant is responsible,
• under an occasional lease – the costs of enforcing vacation of the flat, if it came to that.

The tenant may not, however, be charged for wear and tear resulting from proper use (Art. 675 § 1 of the Civil Code (Kodeks cywilny, KC)). A worn floor after a few years, slightly scuffed walls or faded curtains are normal wear and tear. Bear in mind, though, that the Civil Code presumes the flat was handed over to the tenant in good condition and fit for the agreed use (Art. 675 § 3). If no handover report was drawn up when you moved in, it is harder to show that the scratch on the worktop was already there. Minor outlays – including small repairs to floors, doors and windows, or painting the walls – are, as a rule, the tenant's responsibility (Art. 681 KC), unless the agreement says otherwise.

The landlord's claims for compensation for damage to or deterioration of the flat become time-barred one year from the day the property is returned (Art. 677 KC).

Deposit not returned – what to do step by step

1. Make sure there is a handover report (protokół zdawczo-odbiorczy) when you move out. Describe the condition of the rooms and furnishings, record the meter readings, the number of keys returned and the date the flat was handed back. Take dated photos or a video. The one-month deadline runs from that day.
2. Ask for a settlement. If the landlord intends to deduct anything, ask for a breakdown and supporting documents (invoices, a cost estimate, photos of the damage).
3. Once the month has passed, send a demand for payment. Ideally by registered letter, and also by email or text message if that is how you have been communicating.
4. Try to reach an agreement. A statement of claim must say whether the parties attempted mediation or another out-of-court resolution of the dispute and, if not, why not (Art. 187 § 1(3) of the Code of Civil Procedure (Kodeks postępowania cywilnego)). Taking part in mediation under a mediation agreement before filing the claim reduces the court fee by two-thirds, but by no more than 400 zł (Art. 13e of the Act on Court Costs in Civil Cases (ustawa o kosztach sądowych w sprawach cywilnych)).
5. File a lawsuit for the return of the deposit. Claims for payment of up to 20 000 zł are heard under the simplified procedure (Art. 505¹ of the Code of Civil Procedure). You can also use the electronic writ-of-payment procedure (e-sąd), where only a quarter of the fee is charged. On top of the deposit you can claim statutory interest for late payment from the day after the return deadline expired (Art. 481 KC).

What a demand for the return of the deposit should include

• your and the landlord's details, the address of the flat and the date of the agreement,
• the amount of the deposit paid and proof of payment (bank transfer, agreement, receipt),
• the date you vacated the flat and a reference to the handover report,
• the legal basis: Art. 6(4) or – for an occasional lease – Art. 19a(5) of the Tenants' Rights Protection Act,
• a payment deadline (e.g. 7 days) and your bank account number,
• notice that you will take the matter to court if payment is not made.

How much a lawsuit for the return of the deposit costs

For monetary claims of up to 20 000 zł a fixed fee is charged depending on the amount (Art. 13(1) of the Act on Court Costs in Civil Cases, consolidated text Dz.U. z 2025 r. poz. 1228):

If you win, the court will, as a rule, order the landlord to reimburse your legal costs.

How not to lose your deposit next time

• Do not pay anything before signing the agreement and before viewing the flat. Check that the landlord actually owns it – land and mortgage registers (księgi wieczyste) are public and can be searched on the Ministry of Justice website.
• Pay the deposit by bank transfer or get a receipt showing the amount and date. We explain why this matters in our article on paying rent in cash.
• Draw up a handover report when you move in – with photos of any defects and the meter readings.
• Set out the settlement rules in the agreement: the amount of the deposit, the account it is to be returned to, how utilities will be settled.
• Do not "live off" the deposit without the landlord's written consent. The deposit secures amounts owed on the day the flat is vacated, and unpaid rent for the last few months is arrears that can become grounds for termination.

The same deposit protection rules apply to an occasional lease, but with a lower cap (6 times the rent). We explain how this form differs from a standard agreement in our article on the differences between an occasional lease and a standard lease. If a deposit dispute requires a look at your specific agreement, book a free consultation.

Frequently asked questions