How Not to Get Scammed on a Apartment Deposit in Katowice?

Safe deposit return in Katowice is based on three principles: a detailed handover protocol with video documentation on the day of receipt of the keys, distinguishing between normal wear and tear and damage caused by the tenant’s fault (in accordance with Article 6b of the Act on the Protection of Tenants’ Rights) and compliance with the absolute 30-day deadline for returning funds by the landlord. In the 2026/2027 academic season, the most common method of illegal deduction of deposits on the Katowice market remains charging students with the costs of painting the entire apartment and unrealistic fees for equalizing utilities (Tauron, city heating).

Below you will find practical step-by-step instructions on how to secure your money before moving in, during the lease and how to legally enforce the return of the deposit after moving out.

The most common fraud and illegal deductions of deposits in Katowice (Season 2026/2027)

Understanding the mechanisms used by dishonest landlords is the first step to protecting your own budget. In Katowice, four deduction schemes are most common:

1. Fraud on the “reservation advance” before the presentation of the venue

A classic scam returning to student groups in August and September. On the OLX or Facebook portals, the perfect offer appears: a studio apartment in Koszutka (Grażyńskiego Street) or Osiedle Paderewskiego for PLN 1,800. The person claiming to be the owner claims to be abroad or in another city and requires the payment of a “reservation deposit” (e.g. PLN 1,000) via BLIK transfer to book a viewing date.

• Safety principle: Never pay a deposit or advance payment before physically entering the apartment, verifying the landlord’s identity and inspecting the Land and Mortgage Register of the premises.

2. Deductions for “normal wear and tear” (Common problem)

After the end of the contract, the landlord reports that the walls need to be repainted, micro-scratches from the swivel chair can be seen on the panels, and the mattress in the bedroom does not look like new – and then deducts PLN 1,000 – 2,000 from the deposit.

• What does the law say? According to the Polish tenants’ law, the tenant is not responsible for wear and tear resulting from the proper use of the property. Weeping walls or small scratches on the floor are the investment cost of the owner, not the student.

3. Keeping the deposit “until the heating is settled”

In Katowice, district heating billed by cooperatives (e.g. KSM, SM Górnik) or suppliers (Tauron Ciepło) has annual or semi-annual settlement periods. The owners illegally hold the entire deposit for 3-6 months after moving out, explaining that there is no final invoice.

• Solution: The owner has the right to keep only a reasonable, anticipated amount to cover outstanding utilities (e.g. PLN 200-300 based on previous bills) and must return the remaining part of the deposit within the statutory period of 30 days.

Handover Protocol – Your Only Evidence Shield

Without a precise handover protocol drawn up on the day of handing over the keys, it is extremely difficult to prove one’s right in court.

4K Video Recording Technique (Day 1)

In addition to a written protocol with the meter reading, make a so-called “receiving recording”:

• Enable high-definition video recording on your phone with the geolocator enabled and the date visible.
• Slowly walk through each room.
• Take close-ups of: the inside of the washing machine, microwave, oven, the condition of the mattress (remove the sheet!), the corners of the walls, the corners of the floors and the interiors of the wardrobes.
• Record the moment when the water in the taps is turned on (check the drain) and when each light point is turned on.
• Send the video file to your cloud drive or send the link to the recording to the landlord by email on the first day of the lease with the note: “Attachment to the handover protocol of [Data]”.

Normal Wear and Tear vs. Damage – What Does the Law Say (Article 6b of the Act)?

Polish law clearly separates the tenant’s maintenance obligations from the costs of repairs that are borne by the owner.

Deposit Recovery Procedure – What to Do When the Landlord Avoids Payment After 30 Days?

In accordance with Article 6(4) of the Act on the Protection of Tenants’ Rights, the landlord is absolutely obliged to return the deposit (after deducting any reasonable receivables) within 30 days from the date of vacating the premises.

Step 1: Pre-trial Demand for Payment

If the money has not been credited to your account on the 30th day after the apartment was handed over, make an official letter.

What must be included in the Pre-Court Demand for Payment?

• Date and place of preparation.

• Tenant data and landlord data (as per the agreement).

• Reference to the lease agreement of [Data] and the fact that the premises were handed over on [Data].

• Request for the return of the deposit amount (e.g. PLN 2,000) within 7 days from the date of delivery of the letter.

• Bank account number to be returned.

• An announcement of referring the case to court proceedings and reporting the case to the competent Tax Office in the event of non-repayment.

The letter is sent only by registered mail with acknowledgment of receipt (EPO) to the owner’s residential address.

Step 2: Charge late payment interest

From the 31st day after returning the keys, you have the legal right to charge statutory interest for late payment (in accordance with Article 481 of the Civil Code). Indicating the amount of interest in a pre-court demand for payment often motivates the landlord to make a quick transfer.

Step 3: Notification to the Tax Office (I or II Tax Office in Katowice)

Many dishonest landlords in Katowice do not report rental income to the Tax Office (no payment of the 8.5%/12% lump sum).

• The First Tax Office in Katowice: 25 Damrota Street (includes m.in. Śródmieście, Zawodzie).

• Second Tax Office in Katowice: 32b Paderewskiego Street (includes, m.in. Koszutka, Ligota, Brynów).

All you need is the information provided to the owner in the e-mail that in the event of failure to settle the deposit, you will submit a request for verification of the correctness of tax settlements for the lease of the premises at [Nazwa] Street for the years 2025–2026 to the competent head of the Tax Office. In 90% of cases, the deposit is returned to the account within 24 hours.

Step 4: Lawsuit to the District Court in Katowice

If amicable methods fail, the case is referred to the District Court (District Court Katowice-East at Warszawska Street or Katowice-West at Plac Wolności – depending on the district).

• Cases for the return of a deposit up to the amount of PLN 20,000 are considered in a simplified procedure on an official form.

• The cost of court entry for the amount of the deposit (PLN 1,000 – 4,000) is only PLN 100-200, and after winning the case, the court charges the defendant owner with this cost.

Local Katowice Practice – How to hand over the keys correctly when the owner avoids the meeting?

What to do when the end of September is approaching, you have to return to your hometown or change your apartment, and the owner avoids contact and does not want to meet to collect the keys?

• Written notice: Send an SMS, e-mail and registered letter with the information: “Due to the expiration of the lease agreement on [Data], I invite you to hand over the premises and sign the protocol on [Data] at [Godzina]o’clock”.
• Witness pick-up: If the landlord does not show up, enter the apartment in the presence of a witness (e.g. roommate, college friend). Record a full video showing the condition of the premises and the status of the meters.
• Shipment of keys to the Polish Post: Lock the apartment, take a photo of the closed door, and pack the set of keys in a bubble envelope and send it by registered mail with the declared value to the owner’s official delivery address with the note: “Return of the set of keys to the premises at [Nazwa] Street in connection with the termination of the lease agreement”. The date of delivery of the premises becomes the day of sending the parcel at the post office.

Deposit in multi-room apartments – How to settle the participation when changing a roommate?

Renting a large 3- or 4-room apartment (e.g. in Koszutka or Zawodzie) by a group of students is associated with frequent rotation of residents during the academic year. Changing one of your roommates in February or March poses a serious risk of losing your deposit if the procedure is not carried out correctly.

The trap of “Passer-by” – Why not pay your roommate’s hand?

The most common mistake is that the amount of the deposit is transferred directly to the student who is moving out by the person who takes his place in the room.

• Why is this a mistake? When the entire contract ends in June or September, the owner of the apartment will inspect the entire apartment. If he finds damage caused in the first semester (before the change of tenant), he will deduct the appropriate amount from the collective deposit. As a result, the new student will pay for the damage caused by his predecessor, to whom he no longer has any contact.

The correct procedure for changing roommates (Step by step):

• An Annex to the Main Agreement: All remaining students, the person leaving, the person entering and the owner sign an Annex to the Lease Agreement deleting the old tenant and entering the new one.
• Partial handover protocol: On the day of the shift, the room to be vacated and the common areas (kitchen, bathroom) are inspected and the meter reading protocol is signed.
• Settlement by the owner: The owner returns the share of the deposit to the departing student (after any deduction for defects incurred up to that date), and the new student pays his share of the deposit directly into the owner’s account.

The principle of depreciation of furniture and household appliances – How to defeat the owner’s inflated claims?

One of the most important legal arguments in a bail dispute is the principle of depreciation of the property. Landlords often demand that students return the full market value of new equipment or furniture in the event of damage, which is completely against the law.

Case Study: A Damaged 8-Year-Old Couch or Washing Machine

• Situation: In an apartment in Śródmieście, the upholstery on the couch, which according to the equipment protocol is 8 years old, is damaged. The owner buys a new sofa in a furniture store for PLN 2,500 and deducts this amount in full from the student’s deposit.

• Legal status: The owner’s action is illegal. Movable property is subject to natural wear and tear and depreciation (depreciation). A court expert or appraiser will estimate the value of an 8-year-old sofa at only PLN 200-300 (residual value). The student is liable only to the actual value of the damaged item, taking into account its age, and not to the cost of purchasing a brand new piece of furniture!

Request personal source VAT invoices

If the landlord claims that they had to pay for the repair or cleaning costs after you moved out:

• You have the legal right to request personal VAT invoices or bills issued by registered service or cleaning companies.

• Cost estimates made by the owner himself (“My cleaning work is 800 PLN”) or handwritten receipts without the company’s registration data are worthless in court proceedings and can be easily challenged.

Sale of an apartment during the lease (Article 678 of the Civil Code) – Who is responsible for the deposit?

In Katowice, investors often buy apartments with a “ready-made tenant” student. Changing the owner of the premises during the academic year raises concerns among students about the fate of the deposit paid.

Legal succession of a new buyer

In accordance with Article 678 § 1 of the Civil Code, in the event of the sale of the leased item during the lease, the buyer enters into a lease relationship in place of the seller.

• Who pays the deposit? Only the NEW OWNER of the apartment is responsible for the return of the deposit after the end of the contract. You don’t have to look for the previous owner to whom you physically paid money at the beginning of the academic year.

• What to do at the time of sale? Require the new landlord to sign a notice of change of landlord indicating the new account number for rent payments and a written confirmation that they have assumed the obligation to return the deposit in the amount resulting from the basic agreement.

Deposit in private dormitories and with PRS operators (BaseCamp, Student Depot)

Institutional rental of apartments (Private Rented Sector – PRS) and private dormitories in Katowice are governed by different laws than renting from private individuals.

Digital Inspection Protocols & Applications

Operators such as BaseCamp or Student Depot use centralized room pickup procedures:

• Mobile apps: Room inspector takes photos of the damage through an app that automatically generates a log and assigns rates from an internal repair price list.

• Damage Catalogues (Tariffs): They have fixed tariffs (e.g. “loss of access card: 100 PLN”, “replacement of painting of one wall: 300 PLN”, “cleaning of upholstery: 250 PLN”).

How do you dispute deductions in private dorms?

• Regulations vs Act: Repair tariffs and regulations of private dormitories must not contradict the mandatory provisions of the Act on the Protection of Tenants’ Rights. If a private dormitory attempts to deduct an amount for the normal use of the room resulting from annual use, such provisions are invalid by law.
• Commission Receipt Request: If you are challenging a protocol generated in your application, do not sign it in the system. Submit an official complaint in writing to the management of the facility in Katowice with a request for re-acceptance in the presence of the dormitory manager.

Ready-made legal formulas for bail documents – To be used in a dispute

You can copy and use the following legal clauses in official email correspondence or in a pre-court demand for payment sent to the landlord.

Formula 1: Rejection of Normal Wear and Tear Claims

“I hereby categorically reject the cost estimate of deductions from the deposit in the amount of PLN [Kwota] for [np. malowania ścian / zmatowienia podłóg]presented by the Landlord. The indicated traces are only the effect of normal wear and tear of the premises resulting from its proper use, for which the Tenant is not responsible under Article 6b(1) of the Act of 21 June 2001 on the protection of tenants’ rights. I call for the full amount of the deposit to be returned within [Data].”

Formula 2: Request to present personal source VAT invoices

“I call on the Landlord to submit, within 3 working days, personal VAT invoices or bills issued by entities conducting business activity, confirming the actual incurrence of expenses for the repair of damages indicated in the handover protocol of [Data]. At the same time, I would like to inform you that handwritten private calculations and estimated cost estimates do not constitute evidence of damage within the meaning of the provisions of the Civil Code.”

Formula 3: Call for the return of the deposit under pain of interest

“In accordance with Article 6(4) of the Act on the Protection of Tenants’ Rights, the deposit is subject to return within 30 days from the date of vacating the premises, which took place on [Data]. This deadline expired without effect on [Data]. I call for the amount of PLN [Kwota] to be transferred to bank account no. [Numer Konta] within 3 days. After the expiry of this period, the case will be referred to court proceedings, and the amount of the claim will be increased by statutory interest for delay (Article 481 of the Civil Code) and the costs of legal representation.”

Frequently asked questions about deposit in Katowice

Can the landlord deduct the amount for cleaning the apartment from the deposit?

The landlord may deduct cleaning costs only if the apartment was handed over in a state of evident negligence (e.g. greasy pots, unwashed oven, garbage in the premises), and the lease agreement included a provision on the obligation to return the premises in a cleaned state. The landlord must present a personal invoice or bill from the cleaning company – he cannot deduct the amount “from his head” (e.g. by arbitrarily entering PLN 500).

What to do if the owner claims that he will return the deposit only in 3 months after settling the utilities?

Such a practice is inconsistent with Article 6(4) of the Act on the Protection of Tenants’ Rights. The owner should calculate the estimated advance payment for utilities based on previous periods, keep the appropriate amount (e.g. PLN 200), and absolutely return the remaining majority of the deposit within 30 days.

Can the deposit be used to pay for the last month of rent?

The law does not give the tenant the opportunity to arbitrarily withhold payments for the last month and order the landlord to “deduct this amount from the deposit”. The deposit is used to secure any claims after the property is handed over. Arbitrary non-payment for the last month gives the landlord the right to charge interest and claims for rent arrears. Such a condition can only be introduced with the written consent of both parties.

What is the maximum amount of deposit that an owner can request in Katowice?

According to the Act, the deposit may not exceed 12 times the monthly rent for a given premises. In market practice in Katowice in the 2026/2027 season, the deposit is usually the equivalent of one or two months of the total fee (severance fee + rent to the cooperative).

Is the interest on the deposit due to the student?

In accordance with Article 6(4) of the Act on the Protection of Tenants’ Rights, the deposit is refundable in a valorised amount (corresponding to the product of the amount of the deposit and the rate of increase in the prices of goods and services). In practice, in the case of a lease lasting 10-12 months, the nominal amount is refunded, unless there was a delay in its return on the part of the landlord – in which case statutory interest for delay is due.

Are the rules for returning the deposit different in the case of occasional rentals?

No. The provisions on the return of the guarantee deposit (30 days, protection against deductions for normal wear and tear, the need to draw up a protocol) apply to both a regular lease agreement and an occasional lease agreement.

Housing deposit protection in Katowice begins on the first day of rent. A reliable handover protocol, an accurate video recording of the premises and payments made only by bank transfers with a precise title completely deprive the dishonest landlord of arguments. If the funds are not returned after 30 days, a firm pre-court demand for payment and the announcement of notification to the Tax Office in 9 out of 10 cases end the dispute without the need to go to court.