Understanding Your Legal Rights: What to Do When Your Landlord Refuses to Return Your Security Deposit

What Is a Security Deposit

Before you move in, you pay your landlord a security deposit. If something goes wrong, it's there to cover things like damage, unpaid rent, or other expenses. It is frequently referred to as a "kaucja" in Poland.

Usually, if you take care of the place and follow the contract, you get your deposit back. But sometimes landlords delay or refuse to return it. That’s when problems begin.

What the Law Says in Poland

In Poland, the law gives tenants clear rights. After the rental agreement expires, the landlord has one month to return your deposit. They can only save money to deal with actual issues, such as unpaid rent or significant damage that goes beyond normal use.

It's illegal if they keep your money without providing a valid explanation. You can take action to get it back.

Speak With the Landlord First

First, attempt to resolve the issue in a calm and collected way. Sometimes it's just a delay or an error. To enquire about your security deposit, you can contact your landlord by phone, email, or message.

Be clear but courteous. If the legal deadline has passed, remind them that it has and ask when you can expect the refund. Ask for specifics or evidence if they give an explanation.

Write It Down

Send a written request . You could write a brief email or letter explaining when you moved out, how much was paid as a deposit, and how much needs to be reimbursed.

Give them a deadline, such as 14 days, to reply or return the funds. This maintains a written record and shows them your seriousness.

Take Pictures Before Moving Out

Taking pictures or videos of the flat before you leave is always a good idea. Make sure everything is clean and note its state.

In this manner, you can provide evidence that the flat was in good condition when you left, even if your landlord claims there was damage.

If the Landlord Doesn't Want to Pay

You can go to small claims court if you've waited and nothing has changed. You typically don't need a lawyer for this straightforward legal procedure.

Documents such as your lease agreement, evidence of deposit payment, flat photos and your formal request to the landlord are required.

The judge will listen to both sides and decide if you should get the money back.

When Damages Are Claimed by the Landlord

Landlords occasionally claim that damage is the reason they are keeping the deposit. However, this must be genuine and not merely wear and tear.

Old paint, minor scratches, or worn-out furniture from frequent use, for instance, are not considered damage. Request documentation from the landlord, such as invoices, pictures, or repair bills.

You can defend your position in court or with the assistance of an attorney if their claim seems unjust.

Talk to a Tenant Support Group

You don’t have to do this alone. There are tenant support groups and consumer rights organizations in Poland. They can help you understand your rights and guide you in dealing with difficult landlords.

Sometimes just mentioning that you’ve contacted a legal aid group can push the landlord to act properly.

Don’t Believe Common Myths

Some people think that if the landlord won’t let you get the deposit back, it’s the end of the story. That’s not true. Others believe the landlord can keep it for no reason—also false.

Even if you moved out quickly or didn’t have a perfect relationship, your legal rights still stand. Don’t let myths stop you from asking for your money.

Be Organised and Stay Calm

Try to keep calm and make sure all your documents and messages are safe. Being organized helps a lot if you need to explain the situation later.

It also shows that you’re serious and that you’ve done everything the right way.

Final Thoughts

To sum it up, if your landlord refuses to return your security deposit, don’t panic. In Poland, the law protects tenants.

Start with a polite message. If that doesn’t help, write a formal request. Take photos, keep your paperwork, and if needed, go to court. Many people win these cases.

Getting your deposit back might take some effort, but you have the right to do so. Don’t be afraid to stand up for yourself.