Your lease ended on Saturday. You cleaned the flat, handed back the keys, sent the landlord a message — and then: silence. Two weeks pass. Three. The landlord stops replying. Your kaucja — that PLN 3,000 or 4,000 you paid upfront — is sitting in their pocket, and you're not sure you have any real power to get it back as a foreigner. You do. Polish law is on your side here, and it doesn't care what passport you carry.
What Is a Kaucja and What Does Polish Law Say About It?
The kaucja is the security deposit you pay before moving into a Polish rental. Its entire legal purpose is narrow: to cover unpaid rent or damage beyond normal wear and tear. That's it. The landlord cannot just keep it because they feel like it, because the apartment needs repainting after 3 years of normal use, or because you're a foreigner without a PESEL.
Under Article 6 of the Act on the Protection of Tenants' Rights (Ustawa o ochronie praw lokatorów), the deposit cannot exceed 12 times the monthly rent for a standard rental agreement, or 6 times for a najem okazjonalny (occasional lease). In practice, most Warsaw and Kraków landlords charge 1–2 months. The law also confirms that the deposit must be returned within 30 days of you actually vacating the premises — not from the end-date on your contract, but from the day you physically leave and hand over the keys. See the full text at isap.sejm.gov.pl.
One crucial point that surprises many tenants: your rights here apply regardless of your immigration status. No PESEL? Still protected. Waiting for your Karta Pobytu (Polish residence permit)? Still protected. Nigerian passport, Indian passport, Bangladeshi passport — doesn't matter. Polish tenant law applies to anyone who signed a rental contract on Polish soil. If you are navigating the rental market while sorting your residence status, read our guide on renting in Warsaw without a PESEL.
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What Can the Landlord Legally Deduct From Your Deposit?
This is the grey zone where most disputes happen. Landlords sometimes try to deduct for things Polish law does not allow. Here's the line:
- Unpaid rent or utility bills you owe at the time of moving out — YES, deductible.
- Damage you caused that goes beyond normal use — YES, deductible (broken window, burn marks on worktop, hole in wall).
- Normal wear and tear — NO. Faded paint after 2–3 years, minor scuffs on the floor, worn door handles — this is the landlord's cost, not yours.
- Repainting a whole apartment because 'it needs refreshing' — NO, unless the walls are genuinely damaged beyond normal use.
- Cleaning fees if you left the flat in a reasonably clean state — NO, unless your contract explicitly states a mandatory professional cleaning fee and you agreed to it.
The landlord must provide itemised written documentation of any deductions. Vague claims like "general repairs" without receipts or photos don't hold up. If they deduct and don't explain, that's a red flag — and a claimable amount in court.
Step-by-Step: How to Recover Your Deposit
Most deposits are recovered without ever going to court. Here's the process that actually works:
- Document the move-out. Before you hand back the keys, walk through the flat with the landlord (or their representative) and sign a handover protocol (protokół zdawczo-odbiorczy). Take dated photos of every room, every wall, the bathroom, the kitchen. Email them to yourself the same day — that timestamp matters.
- Send a written demand after 30 days. If the landlord has not returned your deposit 30 days after you vacated, send them a formal written demand by email AND registered post (list polecony). State the exact amount, the legal basis (Art. 6 of the Tenant Protection Act), and give them 7 days to respond. Keep the post receipt — you'll need it if you go further.
- Escalate with a lawyer's letter. A formal letter from a legal professional has a different weight than a message from the tenant. Our Housing team at Legal Solutions sends these regularly — landlords tend to pay faster when they realise the tenant has legal support.
- File a claim in district court (sąd rejonowy). For amounts up to PLN 20,000 — which covers the vast majority of deposits — you can file a civil claim at the district court in the jurisdiction where the property is located. Court fees are low (5% of claim value, minimum PLN 30). You do not need a lawyer to file, but having one significantly improves your outcome. You can also request a payment order (nakaz zapłaty) through an accelerated procedure, which is often faster.
- Add statutory interest. The landlord owes you not just the deposit, but also statutory interest (odsetki ustawowe) from the day the 30-day deadline passed. As of 2026, the statutory interest rate is approximately 11.25% per annum — a meaningful amount on a multi-month delay.
Practical tip: The single most powerful document in a deposit dispute is the signed handover protocol with photos. If you didn't do one at move-in AND move-out, it becomes harder — but not impossible — to claim. Courts can still assess damage from photos, witness statements, and the general condition expected for that type of apartment.
What If You Don't Have a PESEL or Your Residency Is Pending?
This is the question we hear most often from our community. The short answer: your immigration status has zero bearing on your tenant rights. You can file a court claim, send a formal demand, and receive money back from a Polish landlord whether you have a PESEL or not, whether your Karta Pobytu application is pending or approved, whether you've been here 6 months or 6 years.
What you do need: a Polish bank account or IBAN to receive the returned funds, a valid address to receive court correspondence (this can be your new address in Poland, or you can authorise a legal representative to receive on your behalf), and documentation of your identity. Your passport is sufficient. If your residency situation is uncertain, see how other foreigners have handled rental and legal matters through our guide on proving stable income without Polish payslips.
One practical note: if your employer is the one who rented the flat and the contract is in the company's name, the situation is slightly different — the claim would be made by the employer as the contracting party, not you personally. In that case, loop in your HR team and make sure they're aware of the 30-day window.
Real Warning Signs — and When to Call Us
Most landlords return deposits without any fuss. But here are the patterns that signal you need professional help, not just patience:
- The landlord is unresponsive for more than 2 weeks after you vacated.
- They cite 'repairs' but cannot show receipts, photos, or itemised costs.
- They claim the apartment had damage that you know was already there when you moved in (this is why move-in photos matter).
- They are deducting for normal wear and tear: repainting, replacing light bulbs, 'refreshing' the flat.
- The deposit is large — PLN 5,000 or more — and the landlord has gone quiet. At this amount, the cost of a legal letter pays for itself immediately.
- You're leaving Poland and need to resolve this remotely. Legal representatives can handle the full process on your behalf, including receiving court correspondence.
The official government resource for tenant rights in Poland is available at gov.pl — ochrona praw lokatorów. For filing civil claims, the Ministry of Justice portal at ms.gov.pl has court location finders and fee calculators.
Frequently Asked Questions
My landlord kept my deposit and says the flat was dirty. I cleaned it myself — what can I do?
Ask them to send you photos of the 'dirty' condition and a receipt for any professional cleaning they arranged. If they can't, the deduction is legally questionable. Send a written demand for the deducted amount citing Article 6 of the Tenant Protection Act. If they still refuse, a district court claim for amounts under PLN 20,000 costs as little as PLN 30 to file and is typically resolved in 3–6 months.
The landlord said they need more than 30 days to assess damage. Is that legal?
No. The 30-day deadline is statutory — it runs from the day you vacate, and the landlord cannot unilaterally extend it. If they haven't returned the deposit or provided an itemised deduction list within 30 days, they are in breach, and you can claim statutory interest on top of the principal from that point forward.
Can I file a court claim in English, or does everything have to be in Polish?
Court proceedings in Poland are conducted in Polish. You can submit documents in other languages alongside a certified Polish translation, or you can authorise a Polish-speaking legal representative to handle filings on your behalf. For straightforward deposit claims, a legal firm like Legal Solutions can manage the entire process — you provide the facts and documentation, they handle the Polish paperwork.
What if I left Poland and my old landlord still owes me the deposit?
You can still file a claim from abroad. Polish courts have jurisdiction over rental disputes for properties in Poland regardless of where the claimant lives. You would need to appoint a legal representative (pełnomocnik) in Poland to receive court correspondence. The claim itself can be filed through a representative or, in some cases, electronically through the Polish e-court system (e-sąd).
The deposit was paid in cash with no receipt. Can I still claim it?
Yes, but it becomes a matter of evidence. Bank transfer records, WhatsApp messages, emails, or even witness statements can establish that a deposit was paid. If the rental contract mentions a deposit, that's strong supporting evidence even without a standalone receipt. Courts in Poland regularly handle cash-deposit cases — it's not unusual.
Getting your deposit back is a legal right, not a favour. Don't let a landlord's silence or vague 'damage' claims make you give up on money that is legally yours. Legal Solutions Housing team handles exactly these disputes — drop us a WhatsApp at +48 576 228 316 and we'll tell you within minutes whether you have a strong case. We read every message. 98% approval rate.