The rental security deposit — return, deductions and the most common disputes

The rental security deposit — return, deductions and the most common disputes

The security deposit is the most frequent source of conflict between landlords and tenants. The tenant believes the apartment was returned in good condition; the landlord sees damage and costs. The dispute usually comes down to one question: is this normal wear and tear, or damage? This article explains how high a deposit may be under Polish law, when it must be returned, what may be deducted, and how to document the condition of the apartment so that a dispute never arises.

How high can the deposit be

The Polish Act on the Protection of Tenants' Rights allows a deposit of up to twelve times the monthly rent. That is the statutory ceiling — in market practice the deposit is usually the equivalent of one or two months' rent. A higher deposit makes it harder to find a tenant, while a lower one may not cover real damage. Note that for an occasional lease the limit is six times the rent, and for an institutional lease three times.

The deposit secures the landlord's claims existing on the day the dwelling is vacated — above all unpaid rent, outstanding charges and the cost of repairing damage.

Return deadline: one month from vacating the dwelling

The deposit must be returned within one month of the day the dwelling is vacated, after deducting the landlord's claims under the tenancy. What counts is the actual handover of the apartment (return of the keys), not the formal end date of the agreement. Importantly, the deposit is subject to indexation — if the rent increased during the tenancy, the amount returned should correspond to the same multiple of the rent applicable on the day of return.

What may be deducted from the deposit

• Unpaid rent and charges — outstanding months, utility arrears settled through the landlord.
• Damage beyond normal wear and tear — the cost of repairing damage the tenant is responsible for.
• Missing equipment — items listed in the protocol that disappeared from the apartment (appliances, furniture).
• Other claims under the agreement — e.g. compensation for occupying the dwelling without a contract after the tenancy ended.

Every deduction should be documented: a photo, an entry in the protocol, an invoice or a repair estimate. An arbitrary deduction will not stand up in a conversation with the tenant, let alone in court.

Normal wear and tear or damage?

The tenant is not liable for wear resulting from proper use of the dwelling. This is the key principle — an apartment will not look the same after two years of tenancy, and the deposit is not there to refresh it at the tenant's expense.

• Normal wear and tear (not deductible): scuffed walls and minor marks left by furniture, faded paint, natural floor wear in walkways, worn seals, picture marks.
• Damage (deductible): holes and deep scratches in walls, a burnt countertop, water-swollen floor panels, broken cabinet doors, a washing machine ruined through misuse, heavy soiling requiring specialist cleaning, pet damage.

The longer the tenancy, the more falls within normal wear. A helpful test: would the damage have occurred even if the dwelling had been used with due care?

The protocol and photos — your best insurance against a dispute

In a deposit dispute, the party with documentation wins. The foundation is a handover protocol drawn up both at move-in and at move-out, containing:

• a description of the condition of each room (walls, floors, windows, doors),
• an inventory of equipment with its technical condition,
• meter readings,
• photos — dated, covering whole rooms plus close-ups of existing damage,
• signatures of both parties.

Comparing the initial and final protocols provides an objective basis for settling the deposit. With the Brokik app you can prepare the handover protocol digitally, with photos of meters and rooms stored against the specific property — the documentation will not get lost and remains at hand even years later.

The most common disputes and how to avoid them

• "The apartment was already damaged" — without an initial protocol it is hard to prove who caused the damage. Solution: a thorough protocol with photographic documentation at the start.
• Deducting the cost of repainting the entire apartment — after a longer tenancy, refreshing the walls is usually normal wear. A deduction is defensible only for genuine damage.
• Delaying the return — exceeding the one-month deadline exposes the landlord to statutory interest and a lawsuit. Prepare the settlement right after taking the apartment back.
• No written settlement — the tenant has the right to know what was deducted and why. A short written statement with amounts and the basis for each item ends most arguments.
• The deposit as "last month's rent" — tenants sometimes stop paying, counting on the deposit. React immediately: the deposit secures damage and arrears at the end of the tenancy; it does not replace current payments.

Summary

By law the deposit may reach twelve times the rent, although the market standard is one to two months. It must be returned within a month of the dwelling being vacated, and only documented claims may be deducted: arrears and damage beyond normal wear and tear. The best protection against a dispute is a careful handover protocol with photos — prepared both at the beginning and at the end of the tenancy.

This article is for information purposes only and does not constitute legal advice. For individual matters, consult a lawyer.