How to recover a deposit for a student apartment in Krakow?

Handover protocol as your most important piece of evidence

The moment of handing over the keys in the apartment at Czarnowiejska Street or in the Avia housing estate must end with the signing of the handover protocol. It is a document that directly decides about your money.

1. Comparison of states: The final protocol must refer to the protocol you signed when you moved in. If when renting a room in Podgórze, the document notes “walls to be refreshed”, the owner has no right to deduct from your deposit the amount for painting them when moving out.
2. Description Detail: Type in any bug that existed before. If the owner refuses to enter your comments, do not sign the protocol in this form. Make your own photo documentation with a date stamp (you can use an app that records GPS metadata and time).
3. Signatures of both sides: A document without the landlord’s signature is just your private note. You must make sure that the landlord confirms the condition of the premises on the day you move out.

Natural wear and tear and damage – where is the limit?

The most common reason for conflicts over a deposit in Krakow is an attempt to charge the student with the costs of renovating the apartment. In accordance with Article 6b(1) of the Act, the tenant is obliged to maintain the premises and the premises to which they are entitled to use in a proper technical and hygienic condition. However, you are not responsible for any deterioration resulting from proper use (Article 675 § 1 of the Civil Code).

• Natural wear and tear (no grounds for deductions): Slight dirt on the walls around the light switches, traces of furniture on the carpet, loose hinges in kitchen cabinets, limescale deposits on fittings (resulting from hard Krakow water), small scratches on the panels from the swivel chair.
• Damage (basis for deductions): Deep holes in the walls after wall plugs (if there was no permission for it), broken glass in the window, burnt hole in the kitchen countertop, flooding of the parquet resulting in its swelling, destruction of household appliances due to the user’s fault.

The owner of an apartment, e.g. in Grzegórzki, cannot deduct the amount for professional cleaning from the deposit if you hand over the apartment cleaned as standard. “Undeteriorated condition” does not mean “sterile” or “new” condition.

What to do if the landlord unjustifiably holds the deposit?

If 30 days have passed and no transfer from the owner of the apartment in Czyżyny has appeared on your account at Pekao or PKO bank, you need to go to the formal debt recovery path. Your landlord ignoring your WhatsApp messages is a signal to take legal action.

Pre-trial demand for payment

It is a document of enormous persuasive power. It must be sent by registered mail with a return receipt confirmation (the so-called yellow return) to the owner’s address of residence specified in the contract.

In the summons, you must include:

• Date and place of preparation.
• Debtor (owner) and creditor (yours) data.
• Legal basis (Article 6(4) of the Act on the Protection of Tenants’ Rights).
• The amount to be refunded (the entire deposit or the unjustly deducted part).
• Bank account number.
• Payment deadline (usually 3 or 7 days from receipt of the letter).
• Information that after this deadline the case will be referred to court, which will charge the owner with additional costs of legal representation and statutory interest for delay.

Statutory interest for late payment

From the 31st day after moving out, statutory interest for late payment begins to be calculated. In 2026/2027, their amount depends on NBP interest rates, but they are always an additional argument for pressure. Inform the owner that each day of delay increases the amount they will ultimately have to transfer.

Use of Krakow support instances

As a student at a Krakow university, you are not alone in a dispute with a dishonest tenement house.

• Student Legal Clinic of the Jagiellonian University (Faculty of Law and Administration): You can get free legal assistance in formulating a demand for payment or a lawsuit.
• Tenants’ Rights Ombudsman in Krakow: This institution advises on disputes concerning bail and unlawful deductions.
• Law Clinic at the University of Economics or the Cracow Academy: Similar units operate at most of Krakow’s law faculties.

Court procedure in the writ of payment procedure

If the demand for payment has not been effective, the only way is to file a lawsuit for payment with the District Court (competent for the defendant’s place of residence or place of performance of the contract, i.e. usually Krakow).

In cases for a deposit (usually amounts from 2000 to 6000 PLN), the procedure is relatively fast:

1. Lawsuit on the form: You file a lawsuit in the reminder mode. This is a simplified procedure.
2. Court fee: It is usually 5% of the value of the dispute (with a deposit of 3000 PLN you will pay 150 PLN of entry). If you win, the owner will have to reimburse you for these costs.
3. Order for payment: The court issues an order for payment on the basis of your documents (contract, confirmation of the transfer of the deposit, handover protocol, demand for payment). If the landlord does not object within 14 days, the order becomes final and constitutes an enforceable title for the bailiff.

Pitfalls in utility billing and deposit blocking

Owners of apartments in Krakow, especially in new construction in Bronowice or Zabłocie, often hide behind the lack of invoices from suppliers (Tauron, MPEC, Wodociągi Miasta Krakowa).

Remember these rules:

• The lack of a final invoice does not entitle the owner to keep the entire deposit. He may possibly propose to retain a small, documented amount for anticipated underpayments, but the rest (the undisputed part) must be returned within 30 days.
• Request invoice scans. The owner cannot say “the utilities amounted to 500 PLN”. This must be proved by a document from the supplier or by reading from the meters recorded in the handover protocol.
• Verify forecasts. If the owner claims to keep 1000 PLN for electricity, while your previous consumption was 150 PLN per month, this is an illegal action.

Deduction of a deposit for painting walls – when is it illegal?

Many Krakow landlords believe that every apartment left by a student must be repainted at his expense. This is a legal error. If you do not have a provision in the contract that you undertake to paint the walls when moving out (and even such a provision is sometimes challenged if the walls are in good condition), the owner cannot charge you for this.

According to court rulings, painting walls after a lease period of one or two years is a cost related to maintaining the premises in a market standard, which is borne by the landlord. The exception is if you have scratched the walls in a gross way, soiled them to an extent that prevents normal use, or repainted them in a bright color without the owner’s consent.

Specific tips: How to avoid problems with the deposit?

• Moving Day: Take photos of the water, gas and electricity meters at the owner. Enter the states in the log.
• Cleaning drains and taps: Hard water in Krakow leaves a white coating. Before handing over the apartment in Krowodrzy, clean the batteries with vinegar or descaler. You will deprive the owner of the “damaged fittings” argument.
• Empty cabinets: Make sure your old scripts, leftover food, or cleaning supplies aren’t left in the apartment. Leaving the garbage is the simplest excuse to deduct PLN 200-300 for the “waste removal service”.
• Written communication: From the moment you move out, contact the owner by email or SMS. Avoid phone calls that don’t have recordings or notes. Every promise “I’ll pour it tomorrow” must be in text form.
• Transfer details: Enter the account number in the body of the handover protocol. The owner will not be able to explain that he did not know where to send the money.

Occasional rental in Krakow and security of the deposit

In the academic year 2026/2027, most rental offers in Krowodrzy or Podgórze are based on the occasional lease formula. As a student, you must understand that although this form of agreement protects the landlord more strongly in terms of eviction, the same, rigid statutory rules apply to the issue of deposit. Owners often mistakenly assume that notarial rigor gives them the right to dispose of your deposit more freely.

Key aspects of occasional rentals:

• Declaration of submission to enforcement: It concerns only the release of the premises and the payment of rent, and not the consent to any deductions from the deposit.
• Deposit amount: In occasional rentals, the deposit can be up to six times the monthly rent, although in Krakow the standard for students remains a deposit of 1-2 months. With higher amounts (e.g. PLN 6000-10000), the fight for every zloty becomes even more important.
• Expiration Return: The return procedure is identical – 30 days from emptying the premises.

Equipment inventory – How to defend a deposit in case of damage to furniture?

Many owners in Krakow equip their apartments with furniture from chain stores (IKEA, Jysk), the lifespan of which is limited in intensive student use. A common problem is that the landlord demands money to buy a new sofa or desk due to minor damage.

The principle of depreciation (gradual wear)

The owner cannot demand a refund from you for the purchase of a new item if the old one has been destroyed. The law and case law take into account the degree of wear and tear of the equipment. If the sofa in the apartment on Lea Street was 5 years old at the time of your move, its book value is much lower than the price of a new one in the living room.

• For example: If a 4-year-old armchair has been permanently damaged due to your fault, the owner can only deduct the amount corresponding to its real value on the day of the damage, and not the price of a new model from the current catalog.
• Inventory card: Demand that the age and condition of the equipment be entered in the handover protocol when moving out. This will prevent the owner from arguing that “everything was new”.

Electronic evidence – Standards 2026/2027

In the age of widespread digitization, your strongest ally in court or in negotiations is file metadata. Photos taken with a smartphone on the day of picking up an apartment in Ruczaj or Zabłocie have built-in information about geolocation (GPS) and the exact time of taking.

How to prepare a digital line of defense?

• Screenshots from Cloud: Store photos from the day you move in the cloud (Google Drive, iCloud). The file’s edit history confirms that you didn’t tamper with the image on the day you moved out.
• Video-tour: Record a 2-3 minute video of slowly showing the condition of the floors, countertops, and cabinet interiors. Video is harder to challenge than individual photos.
• Correspondence on messengers: In 2026, Polish courts will generally accept printouts from WhatsApp, Messenger or Telegram as evidence in civil cases. If you reported a failure of the faucet at Mogilska Street in November, and the owner ignored it, this screen will block him from deducting the deposit for the “destroyed cabinet under the sink” in June.

Negotiating with the owner – The “Empty Wallet” technique

Before you take your case to court, you can try mediation. Owners of apartments in Krakow are often elderly people or investors with many apartments, who calculate the risk.

• Court costs argument: Remind the landlord that losing a case for a deposit of PLN 3000 will cost him an additional PLN 1500-2000 (costs of legal representation of your lawyer, court fees, interest). Often, the vision of losing extra money prompts them to give the undisputed part of the deposit immediately.
• Notification to the Tax Office: This is the “nuclear option”. If you suspect that the landlord does not pay rental tax (which still happens in Krakow), mentioning that the case in court will disclose the agreement to the tax authorities usually ends the landlord’s resistance. Note: Use this argument carefully so as not to be accused of blackmail; Phrase it as a concern about the legality of the entire settlement process.

Local support: Student Legal Clinics in Krakow

Krakow as an academic center offers unique opportunities to get free help. If the amount of the deposit does not allow you to hire a lawyer, use the following points:

1. Student Legal Clinic of the Jagiellonian University (2 Olszewskiego Street): The best law students work here under the supervision of professors. They have a dedicated civil law section that specializes in tenant matters.
2. Law Clinic at the Andrzej Frycz Modrzewski University in Krakow: They effectively help in drafting lawsuits in the writ of payment procedure.
3. Citizens Advice Bureau: Financed from the budget of the City of Krakow, they offer free support in civil cases for people with low incomes (declaration required).

The owner sells the apartment during the lease

In the dynamically changing Krakow 2026/2027, a change of the owner of a premises is a common situation. Who is then responsible for the return of the deposit?

In accordance with Article 678 of the Civil Code, the buyer enters into a lease relationship in place of the seller. This means that the new owner takes over the obligation to return the deposit, even if the previous owner did not physically transfer the money to him. Your claim is always addressed to the person who owns it on the day the contract expires and the premises are vacated.

Deductions for utilities – How to verify bills with MPEC and Tauron?

Most of Krakow’s blocks are heated by MPEC (Municipal Heat Energy Company). Settlements for heat often come with a long delay (semi-annual cycles).

Your verification strategy:

• Request access to the e-file: Most housing communities in Krakow (e.g. in housing estates in Czyżyny or Ruczaj) have online access to settlements. Ask the owner for a screenshot from the administration system, not a handwritten piece of paper with the amount.
• Check the counter number: Make sure that the invoice from Tauron applies to your apartment. In tenement houses on Starowiślna Street, it happens that the meters are incorrectly assigned or one meter serves two student rooms.
• Electricity: In 2026, most meters in Krakow are remote devices. The owner can check the meter reading on the day of your move in the electricity supplier’s mobile application – they do not have to wait for a paper invoice.

The most common problems with the deposit in Krakow

What if the landlord died while I moved out?

Your claim for the return of the deposit enters the estate. You must identify the heirs (e.g. by contacting your family or checking the land and mortgage register after some time). This is a difficult situation that usually prolongs the process, but the deposit is not “lost”. The heirs assume the rights and obligations of the deceased owner.

The owner does not want to give the deposit because he claims that “the apartment smells of food”. Is it legal?

The smell resulting from normal cooking is an element of the natural use of the premises. The owner cannot deduct a deposit for the smell unless it is the result of hygienic negligence (e.g. rotten food in the cupboards) or smoking in violation of the ban. Standard ventilation of the apartment is the landlord’s cost.

How to recover the deposit if the owner lives abroad?

The procedure is the same, but the request for payment must be sent to the address for correspondence in Poland (if provided) or to a foreign address. In cross-border disputes within the EU, there are simplified procedures for pursuing claims (European Order for Payment), which are relatively cheap and effective.

Can the landlord keep the deposit if I terminated the contract early?

If the termination was in accordance with the provisions of the contract (the notice period was kept), the landlord does not have the right to punish you by withholding the deposit. The deposit is used to secure claims for damage or overdue fees, and is not a contractual penalty for shortening the lease. However, if you have terminated the contract overnight without a legal basis, the landlord may deduct the rent from the deposit for the period during which the apartment stood empty (until the legal notice period expired).

What if a washing machine that was 10 years old broke down in the apartment?

Academic teachers and lawyers dealing with rental agree: the owner is responsible for the technical wear and tear of the equipment. If the washing machine in the apartment in Ruczaj has stopped working due to old age (wear and tear of the engine, bearings), you are not obliged to repair it or finance a new one from the deposit. It is your responsibility only to repair minor damage resulting from improper use (e.g. broken handle, clogged filter).

Can the deposit be credited towards the last rent?

Only with the express consent of the owner. Arbitrarily not paying for the last month with the assumption that “the owner will take from the deposit” is technically a breach of contract. The deposit should be settled after the keys are handed over.

The owner claims that the deposit was “lost” because I smoked cigarettes in the apartment, despite the ban.

In such a situation, the owner can deduct from the deposit the real cost of ozonation of the apartment and washing the curtains to remove the smell of tobacco. However, he must present an invoice for such a service. The deposit is not “forfeited” in its entirety as a penalty – only the specific costs of restoring the premises to its previous state are accounted for.

Can the owner knock for the holes left by pictures in the room?

Small nail holes are part of the normal wear and tear of the premises. However, if you have hung 20 shelves on wall plugs, the owner may demand the cost of puttying and spot painting. It is worth filling such holes yourself with putty before returning the keys.

What if I don’t have a protocol from the moment I moved in?

In such a situation, there is a presumption that the premises were handed over in good and useful condition. However, if you have photos of the apartment from the first day (e.g. sent to your parents or uploaded to social media), they can be used as proof that the damage already existed.

How much does a case in court for the return of bail cost in Krakow?

For a deposit of up to 5000 PLN, the court fee is usually 100-250 PLN. If you win, the owner reimburses you for these costs. You can handle the case on your own, without a lawyer, which makes the process very profitable.

Recovering a deposit for an apartment in Krakow requires cool professionalism. Don’t be intimidated by arguments about “the need to refresh the premises for a new student”. Your foundation is the handover protocol and the statutory deadline of 30 days. If the money has not been credited to your account after this time, immediately send a pre-court demand for payment by registered mail. In 90% of cases, the owners of apartments in Krowodrzy or Podgórze, seeing a letter formulated in legal language, decide to immediately return the funds to avoid court costs. Remember that your right to return the deposit is more strongly protected than the owner’s right to have it checked – it is up to him to prove any depletion of your deposit.