Your landlord won't return the deposit — what Polish law actually says

Why this is such a common complaint

Unlike some countries, Poland doesn't have a mandatory third-party deposit protection scheme that automatically safeguards your money. Your deposit (kaucja) is typically just held directly by the landlord — which means a dispute over "damage" at move-out, whether genuine or invented, is one of the most consistently reported frustrations among renters, foreign and Polish alike.

What you're generally entitled to

  • The deposit is meant to cover actual damage beyond normal wear and tear, and any unpaid rent or bills — not a general "cleaning fee" invented at the end with no documentation.
  • If a landlord withholds the deposit, they should be able to point to specific, documented damage or unpaid amounts — not just decline to return it without explanation.
  • If a dispute isn't resolved directly, your formal recourse is civil court — but this is often described as slow and not worth it for a small deposit amount, which is part of why landlords who act in bad faith sometimes get away with it.

The single most effective thing you can do: document the move-in and move-out condition

Because there's no automatic third-party protection, your own documentation is what actually protects you in a dispute:

  • Take dated, timestamped photos and video of the entire apartment's condition when you move in — every room, every existing scuff or mark — and again when you move out.
  • Get a written move-in/move-out protocol signed by both you and the landlord, listing the condition and any existing damage, ideally with the same items checked at both points.
  • Keep copies of all communication about the deposit, ideally in writing (text or email) rather than only verbal conversations.

About "najem okazjonalny" (occasional lease)

Some landlords require a specific legal instrument called najem okazjonalny — a lease type that includes a notarized declaration from the tenant agreeing in advance to a simplified eviction process if needed. This is a distinctly Polish legal concept many foreigners have never encountered, and it's not inherently a red flag — it's a normal, legal instrument that some landlords prefer — but you should understand exactly what you're signing rather than assuming it's a standard lease clause.

Watch out for rental scams before you even get to a lease

A separate but related risk: fake listings (often reposted with stolen photos on OLX or Facebook) asking for payment before any viewing. Never wire a deposit for a property you haven't seen in person or via a live video call with someone who can prove they're the actual landlord or an authorised agent.

This is general information, not legal advice

If a deposit dispute ends up in court, see what a court or bailiff letter actually means.

Rental disputes depend heavily on the specific facts, your lease's exact wording, and the evidence you can produce. For a dispute involving significant money, a consultation with a tenant-rights organisation or lawyer is worth it before you accept a landlord's final word on a deposit.

Last checked: 14 September 2026

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Official source
gov.pl — consumer and tenant information

https://www.gov.pl/web/gov

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