What to do if your landlord doesn’t return the deposit in Poland

What to do if the landlord doesn’t return the deposit

In Poland, tenants almost always pay a security deposit (kaucja) as the landlord’s safeguard. It is usually equal to one month’s rent, but can be two–three months. The money must be returned after the lease ends if the flat is undamaged and all bills are paid. In practice, some landlords refuse to return it or delay the process.

Legal basics of deposit return

• The amount and conditions of the deposit are set in the lease.
• By law, the landlord must return the deposit within one month after the tenancy ends.
• They may withhold part or all only on valid grounds: unpaid rent, utility arrears, or tenant-caused damage.

Common reasons deposits aren’t returned

1. Arrears. Outstanding rent or utility bills.
2. Flat damage. Material defects caused by the tenant.
3. No handover reports. When no move-in/move-out condition reports were made.
4. Bad-faith conduct. Sometimes deposits are withheld without lawful basis.

Steps to take if your deposit isn’t returned

1. Review the lease. Check the conditions and deadline (typically up to 30 days).
2. Prepare a check-out report. Document the flat’s condition at move-out.
3. Send a written demand. A letter or e-mail requesting the deposit return.
4. Try mediation. Seek an amicable solution via a mediator or lawyer.
5. File a claim. As a last resort, sue for the deposit. With proper paperwork, tenants often prevail.

How to protect yourself in advance

• Use a written lease or a Najem Okazjonalny agreement.
• Make move-in and move-out condition reports with photos.
• Pay rent and utilities officially (bank transfer) to keep records.
• Store copies of all receipts and correspondence with the landlord.

FAQ

Conclusion

A deposit safeguards the landlord, but cannot be used arbitrarily. If it isn’t returned without grounds, tenants have legal tools: from a demand letter to a lawsuit. The key is a proper lease and well-documented flat condition.