Polish law mandates a one-month deadline for landlords to settle after move-out
After a rental agreement ends in Poland, the landlord is required to return the security deposit within one month of the property being vacated. If the landlord refuses to pay without valid reason, the tenant may seek assistance from state services or legal authorities. This was reported by RBC-Ukraine (Остапова Анастасія), according to the portal PromPolitInform.
The security deposit, known in Poland as kaucja, serves as a financial guarantee for the tenant’s obligations. According to Article 6 of the Act on the Protection of Tenants’ Rights, the landlord must return these funds within one month from the day the keys are returned, after deducting any outstanding payments or damages caused to the property.
Legal Grounds for Withholding Funds
The landlord has a legal right to withhold part of the deposit if there are unpaid rent, utility bills, or damage to the furniture and apartment fittings. It is important to note that normal wear and tear resulting from daily use cannot be considered grounds for any deductions.
In case of a dispute, the landlord is obligated to provide justification for their actions along with documents verifying the cost of repairs. The tenant has the right to demand a breakdown of costs to verify the legitimacy of the landlord’s actions.
Verifying Property Condition
To protect one’s interests upon moving out, having a rental agreement and a handover protocol (protokół zdawczo-odbiorczy) is crucial. Documentation such as utility meter readings, photos, or videos of the furniture and equipment state significantly simplifies the process of recovering funds in the event of a conflict.
All financial transactions, including the payment of the deposit, should ideally be conducted via bank transfer with a clear payment reference. If supporting documentation is missing, proving the circumstances of the case in court becomes considerably more difficult.
Procedures in Case of Delays
Once the one-month period has passed without payment, the first step should be to send an official written payment demand, known as wezwanie do zapłaty. This document must state the deposit amount, parties’ details, and the bank account number, setting a specific timeframe for voluntary settlement.
If out-of-court settlement fails, tenants may utilize the state-funded free legal aid system available in Poland, as outlined on the Gov.pl portal. Specialists can assist in preparing documents for court or facilitating mediation.
It should be noted that contacting the police in such matters is usually ineffective, as these are civil-legal disputes. Law enforcement agencies are only involved if there are clear indications of fraud or criminal activity by the landlord.
Photo: RBC-Ukraine
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