Rental Deposit Refunds in Poland: Understanding Normal Wear and Tear Rights

Polish law protects renters: landlords CANNOT deduct for normal wear and tear (normalne zużycie) from your deposit in Warsaw or anywhere in Poland. Paint fading, minor stains from normal use, and worn flooring from foot traffic are all considered "stan niepogoroszony" (undeteriorated state) under Polish civil code. Deductions must be for actual damage, not normal use. Here's how to protect your deposit.

What Polish Law Says About Normal Wear and Tear

The Core Legal Principle: "Stan Niepogoroszony"

Polish civil code establishes the fundamental principle that tenants must return apartments in "stan niepogoroszony" (an unworriened/undeteriorated state). However, this concept explicitly includes normal wear and tear (normalne zużycie).

The exact legal definition states:

"Pod pojęciem stanu niepogorszonego rozumie się taki stan, w jakim lokal znajdował się w chwili wydania go najemcy z uwzględnieniem normalnego zużycia."

Translation: "The concept of an undeteriored state means the condition in which the apartment was in at the time it was given to the tenant, taking into account normal wear and tear."

What This Means for Tenants

• Normal wear and tear is expected and allowed
• Landlords cannot charge tenants for deterioration that results from normal use
• Paint fading, minor stains, and cosmetic wear are NOT your responsibility
• Any deduction must be for damage, not normal use

What Counts as Normal Wear and Tear

Examples of Normal Wear (Non-Deductible)

• Paint fading/yellowing: Natural deterioration over time, not your responsibility
• Minor wall stains from normal use: Cooking splatters around the stove, minor marks from furniture, etc.
• Small stains in high-traffic areas: Entrance hallways, living rooms where people naturally walk
• Discoloration from poor paint quality: If the landlord chose cheap paint that deteriorates quickly, that's their cost
• Worn flooring from foot traffic: Scratches and wear from normal walking and living
• Hardwood floor patina: Natural darkening/aging of wood floors from use and sunlight
• Minor carpet wear in lived-in areas: Reasonable wear from normal occupancy
• Door handles wearing smooth from frequent use: Normal consequence of living in the space
• Light switches showing wear: Expected from regular use
• Slightly loose cabinet hinges: Minor wear from regular use

Examples of Tenant Responsibility (Deductible Damage)

• Large holes in walls: From negligence or damage (not from wall-mounted shelves that were properly installed)
• Severe staining that doesn't clean: From spills that were left unattended and caused permanent damage
• Broken windows or doors: From accidents or negligence
• Damaged plasterwork or cracks: From impacts or structural damage
• Stains from pet accidents: If you had an unauthorized pet, or failed to house-train an authorized one
• Cigarette burns or smoke damage: If smoking was prohibited but you smoked anyway
• Major appliance damage: From misuse rather than normal wear

The "Painting the Entire Apartment" Problem

The Most Common Landlord Scam

The most frequent deposit deduction complaint involves landlords claiming the entire apartment needs repainting due to minor stains or cosmetic wear. This is almost always unjustifiable.

Why Repainting Is Not Your Responsibility

• Painting is maintenance, not repair: Landlords are responsible for maintaining properties at living standards
• Paint naturally deteriorates: After 4-5 years, full repainting is a normal maintenance expense for landlords
• One small stain doesn't justify full repainting: A tiny cooking oil mark in a 4-year occupancy is natural wear
• Landlords can't deduct labor costs for normal maintenance: The obligation to repaint is the landlord's responsibility
• Article 662 of Polish Civil Code limits deductions: Only "insignificant" expenses can be deducted (see below)

The Legal Limitation: "Insignificant Expenses" Rule

Polish civil code (Article 662 § 2) restricts what landlords can deduct. Any expense must be:

• Objectively insignificant
• Single expense: Must be a small fraction of monthly rent
• Total deductions: Must be a small percentage of annual rent

This means a 1,800 PLN painting bill for a modest apartment often violates this rule.

Real Example: When Landlords Are Wrong

The Scenario

A tenant lived in an apartment for 4 years, kept it in excellent condition with no pets or children, and traveled frequently leaving the apartment unused much of the time. Minor cooking oil stains appear around the stovetop—virtually invisible unless you're actively looking for them. The landlord deducts 1,800 PLN for "repainting the entire apartment."

Why This Is Illegal

• Minor stains = normal wear: After 4 years, some cosmetic marks are expected
• Entire apartment repainting: Disproportionate response to minor stains
• 1,800 PLN is significant: Far exceeds what's "insignificant" under Polish law
• Lack of documentation: Most landlords don't actually have receipts for work performed
• Suspicious timing: New tenant moving in immediately suggests no repainting actually occurred

How to Protect Your Deposit

Before Moving In

• Document the apartment's condition: Take detailed photos and videos of every room, including any existing damage
• Get a written move-in report: Have the landlord sign a document acknowledging the apartment's condition
• Note any pre-existing damage: Specifically photograph and list cracks, stains, worn areas, etc.
• Request landlord's inspection form: Some landlords use standardized forms—insist on one

During Tenancy

• Clean regularly: Demonstrate that you're maintaining the apartment
• Report maintenance issues promptly: Don't let small problems become big ones
• Keep records of repair requests: Save emails and messages showing landlord negligence
• Maintain normal use practices: Clean up spills immediately, maintain basic hygiene standards

When Moving Out

• Deep clean the apartment: Professional cleaning may be worth the cost to dispute later deductions
• Document condition when leaving: Take photos/videos of the empty apartment from all angles
• Have the landlord or agent verify condition: Request a written statement about the apartment's condition at move-out
• Keep all documentation: Save receipts, photos, emails, and condition reports

When Landlords Deduct Unfairly: What You Can Do

Step 1: Request Justification

• Contact the landlord in writing (email is fine, but certified letter is stronger)
• Request detailed receipts and invoices for claimed repairs/cleaning/repainting
• Ask for photos showing the "damage" that necessitated deductions
• Specify which costs you dispute and why

Step 2: Reference Polish Civil Code

In your letter, cite the relevant law:

"According to Article 659 of the Polish Civil Code and the principle of 'stan niepogoroszony' (undeteriored state), tenants are entitled to normal wear and tear without financial penalty. Minor stains and paint fading do not constitute damage requiring full repainting. I dispute these deductions and request their reversal."

Step 3: Negotiate or Escalate

• If landlord cooperates: They may refund some or all deductions if confronted with law
• If landlord refuses: Consider small claims court (sąd polubowny)
• Gather evidence: Move-in photos, move-out photos, receipts for cleaning, expert opinions

Step 4: Consider Legal Action

Small claims court (sąd polubowny) in Poland can resolve deposit disputes:

• Cost: Relatively inexpensive court process
• Burden of proof: Landlord must prove damage with documentation
• Statute of limitations: You typically have time to file (check local regulations)
• Likelihood: Courts often side with tenants when landlords lack documentation

Common Landlord Tactics and How to Counter Them

Tactic 1: "The Entire Apartment Needs Repainting"

Counter: Ask for itemized receipts proving repainting occurred and its cost. Most landlords won't have them because they didn't repaint—they just kept your deposit. If no receipts exist, the deduction is unjustifiable.

Tactic 2: "It's Market-Related Cost"

Counter: "Market-related cost" is not a legal justification. Polish law requires actual damage or repair costs, not preventative maintenance. The landlord's responsibility to maintain the property is not the tenant's to pay for.

Tactic 3: "You Should Have Returned It Like You Found It"

Counter: Polish law explicitly allows for normal wear and tear. Four years of living in an apartment naturally results in some cosmetic wear. This is not the same as damage.

Tactic 4: "Many People Have Complained About Stains"

Counter: Irrelevant. Your responsibility is only for damage you caused, not for general maintenance or wear that affects subsequent tenants. The landlord chose not to address stains between tenants.

Prevention: The Best Strategy

Document Everything

The single best way to protect yourself is through documentation:

• Move-in photos: Show every room, door, wall, floor, appliance
• Move-out photos: Show the same views of the empty apartment
• Receipts: Keep any evidence of your care and maintenance
• Communication: Save all emails and messages with landlord

Know Your Rights Before Signing

• Read the lease carefully for any non-standard wear-and-tear clauses
• Negotiate unreasonable clauses before signing
• Don't sign agreements that claim you're liable for "normal maintenance"
• Understand the legal standards apply regardless of what the lease says

Final Thoughts

Living in Poland as a renter means understanding that landlords, while often entrepreneurial, sometimes view tenants' deposits as easy money. Many operate under the assumption that foreigners won't fight back or understand Polish law. Don't let this be you.

Polish civil law is actually quite tenant-friendly regarding normal wear and tear. The problem isn't the law; it's that many tenants don't know their rights and simply accept unjustified deductions. By understanding the legal principle of "stan niepogoroszony," documenting conditions, and being willing to challenge unfair deductions, you can protect your deposit.

Remember: A landlord who claims 1,800 PLN in deductions for minor stains from 4 years of occupancy isn't just taking your money—they're violating Polish civil code. Don't accept it quietly. Request receipts, cite the law, and if necessary, take them to small claims court. Most landlords back down when confronted with actual legal requirements.

Related Poland Housing Guides

• Warsaw City Guide
• Warsaw Housing & Relocation
• Warsaw Legal Services

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