Rental deposit — rules, amount and return

A rental deposit secures the landlord’s claims. It protects against unpaid rent, utilities or damage to the premises. For tenants the key points are the maximum amount, the return deadline and what deductions are allowed.

If you are planning your move‑in budget, use the rental deposit calculator.

What the deposit is and when it is paid

Security function

The deposit is not an additional rent payment. It is a security. It is usually paid when the lease is signed and the return rules should be set out clearly in the contract.

Lease and handover protocol

Without a handover protocol it is difficult to settle the condition of the premises. In practice, photos, an inventory list and agreed utility settlement rules reduce dispute risk.

Amount and statutory limit

Residential lease

For residential leases the deposit may not exceed 12 times the monthly rent. This limit follows from the tenant protection act.

Occasional lease, institutional lease and commercial premises

Occasional lease is covered by the tenant protection act only to a limited extent (art. 19e), so the cap and return rules are mainly contractual. The act expressly provides indexation. For institutional lease the cap is 6 times the monthly rent (art. 19f). For commercial premises the deposit amount depends on the parties’ agreement.

Return of the deposit

Return deadline

As a rule, the deposit should be returned within one month from vacating the premises, after settling any liabilities.

Indexation

The returned amount should be indexed according to the rent at the start of the lease and at the return date. Check whether the contract specifies the exact method.

Deductions from the deposit

What can be deducted

Deductions may cover unpaid rent, unpaid utilities and damage beyond normal wear and tear. In practice you need documents: protocol, invoices, a cost estimate or valuation.

How to reduce dispute risk

The most important elements are a handover protocol, photo documentation and a clear settlement clause. These usually make the settlement objective.

See also

• Rental tax
• Rent vs buy
• Rent vs mortgage

If your rent goes up, see: Rent increase — rules, timing and how to respond.

Sources

• Tenant protection act (ISAP)
• Tenant protection act — consolidated text (ELI)
• Civil Code — lease (ISAP)

Practical guidance on security deposits

A deposit should be tied to a clear inventory and condition report at move‑in and move‑out. Without a protocol and photos, deductions are hard to prove.

Set the return timeline in the contract and the method of settlement. Typical deductions include unpaid rent, utilities and documented damage beyond normal wear. Be transparent and provide a written statement with the calculation.

If the deposit is indexed or adjusted, specify the formula. Avoid open‑ended clauses like “according to the landlord’s discretion”.

For tenants, keep proof of payments and communication about repairs. For landlords, keep invoices and inspection reports. This makes any dispute about deductions much easier to resolve.

Common pitfalls and quick FAQ

The biggest source of disputes is the lack of a move‑in/move‑out protocol. Without it, it is difficult to show whether damage occurred during the tenancy.

Avoid deducting for normal wear and tear. Deductions should be documented and tied to specific damage or unpaid charges. A short itemized list helps in case of disagreement.

If the tenant requests the deposit back, respond in writing with the calculation and provide receipts where possible. Transparency reduces escalation.

Short example and checklist

Example: After move‑out, the landlord claims PLN 1,200 for repainting and unpaid utilities. The move‑in and move‑out protocols show wall damage beyond normal wear and include photos and invoices. With this documentation, a partial deduction from the deposit is easier to justify.

If there is no protocol or evidence, deductions are often disputed. Both sides should keep records of repairs, payments and correspondence.

Checklist:

• Is there a signed inventory/condition report?
• Are deductions documented with invoices or photos?
• Is the return deadline specified?
• Are utility settlements complete?
• Was the tenant informed in writing of the calculation?

Practical FAQ

Q: Can the landlord keep the deposit for cleaning? A: Only for cleaning beyond normal wear and if it is documented.

Q: Can the tenant use the deposit as the last month’s rent? A: This is usually not allowed unless the contract explicitly permits it.

Q: When must the deposit be returned? A: The deadline should follow the contract or legal rules; specify it clearly to avoid disputes.

Q: Is interest or indexation required? A: Only if the contract or law provides for it.

Q: How to dispute a deduction? A: Request a written calculation and provide counter‑evidence (photos, invoices).