Security deposit (kaucja) in Poland: how much and when you get it back

In Poland a landlord can ask for a security deposit (kaucja) of up to 12 times the monthly rent, or up to 6 times for najem okazjonalny. It must be returned within a month after you move out, minus what you owe from the lease. If the rent has changed, the amount you get back is adjusted.

What a security deposit (kaucja) covers

A kaucja is money you give the landlord as security, not rent. The tenants' rights act (ustawa o ochronie praw lokatorów) says the landlord can make signing the lease depend on a deposit that secures what the landlord is owed under the lease on the day the flat is vacated. In practice that usually means unpaid rent and bills, and your contract may spell out more. You get the money back when the lease ends, unless the landlord can deduct something.

These rules apply to the lease of a flat. A reservation fee paid before you sign (a zadatek or zaliczka) is a different thing, so always ask what exactly you are paying for and get it in writing.

How much can a landlord ask for?

The act sets a ceiling, not a recommendation:

• Ordinary lease: the deposit may not exceed 12 times the monthly rent for that flat, calculated at the rent in force on the day the lease is signed.
• Najem okazjonalny (the "occasional lease", a lease with extra formalities that makes it easier for the landlord to end it): the deposit may not exceed 6 times the monthly rent.
• No deposit is charged for replacement or social housing, or when the lease is made because of a flat swap and the tenant already got their earlier deposit back without adjustment.

For a flat that costs 3,000 PLN a month, the ceiling under the general rule is therefore 36,000 PLN. You can negotiate a lower deposit, and many tenants do. If your contract asks for more than the ceiling, tell the landlord politely and ask for the contract to be corrected; if they refuse, have a lawyer look at it before you sign.

When and how you get it back

The deposit must be returned within one month of the day you vacate the flat, after the landlord deducts what you owe from the lease.

The returned amount is adjusted to the rent at the time of return. The act's formula is: the monthly rent in force on the day of return, multiplied by the number of months' rent the deposit was when it was collected, and never less than the amount you paid.

Example: you paid a deposit of 2 months' rent, 2 × 2,000 = 4,000 PLN. When you leave, the rent has risen to 2,300 PLN, so the returned deposit is 2 × 2,300 = 4,600 PLN. If the rent had fallen to 1,800 PLN, the formula would give 3,600 PLN, which is less than you paid, so you get back at least the 4,000 PLN.

It helps to put the return deadline and your bank account for the refund in writing when you leave.

What the landlord can deduct

The landlord can deduct only what you owe from the lease at the moment you leave, such as unpaid rent and bills. Whether other things, such as damage, count can be disputed, so read what your contract says about it.

Damage is different from normal wear. Under the Civil Code you must return the flat in an undamaged state, but you are not responsible for wear that comes from using it properly. The law also presumes that the flat was handed over to you in good condition, so in a dispute it is you who needs evidence that the flat was not in good condition at move-in: dated photos, meter readings and a signed handover protocol (protokół zdawczo-odbiorczy).

Time limits work in your favour here: the landlord's claims against you for damage to the flat become time-barred one year after you return it.

If the landlord does not return the deposit

1. Check the date. The month starts on the day you vacated the flat and handed over the keys. A signed handover protocol proves it.
2. Ask in writing. Send an email and, if you can, a registered letter. State the amount, the bank account, the deadline and attach the contract and the handover protocol. If the landlord keeps part, ask for an itemised, written explanation.
3. Remember interest for delay. Under the Civil Code, a creditor can demand interest for the time a money payment is late, even without proving any loss. If the interest rate was not agreed, the statutory rate is the reference rate of the National Bank of Poland plus 5.5 percentage points. The current reference rate is published by the National Bank of Poland.
4. Get advice before going to court. If the landlord still does not pay, speak to a lawyer or a tenants' organisation. A court claim is the last step, not the first.

Checklist: before you pay and when you leave

• The deposit is not above the ceiling (12 times the rent, or 6 times for najem okazjonalny).
• You pay by bank transfer to the landlord named in the contract, with "kaucja" and the flat's address in the transfer title, and you get written confirmation that it was received.
• The contract states the deposit amount, the return deadline and what may be deducted.
• Before you pay anything, you have seen the flat and checked who the landlord is (see scam red flags and the viewing checklist).
• At move-in you take dated photos, note the meter readings and sign a handover protocol that lists existing problems.
• During the lease you keep messages about repairs and pay on time.
• At move-out you hand over the keys against a signed protocol, record the meter readings and give your bank account for the refund in writing.
• You ask the right questions before signing; the questions to ask the landlord include the deposit.

If you are not sure what your contract says about the deposit, check it with the contract analyzer.

Sources

• Tenants' rights act (ustawa o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego), consolidated text, Dz. U. 2023 poz. 725: article 6 (deposit) and article 19a (najem okazjonalny).
• Civil Code (Kodeks cywilny), consolidated text of 21 June 2024, Dz. U. 2024 poz. 1061: article 481 (interest for delay), article 675 (returning the flat) and article 677 (time limit for damage claims).
• National Bank of Poland: the current reference rate.
• ISAP, the official portal of Polish legislation: the current official text of both acts.