A kaucja is the security deposit you pay a landlord in Poland before you move in. In an ordinary lease it may not be more than 12 times the monthly rent, and the landlord must return it within one month after you move out, minus anything you still owe under the lease.
The rules come from the ustawa o ochronie praw lokatorów (the Tenants' Protection Act) and the Kodeks cywilny (the Civil Code).
How much can the deposit be?
In an ordinary lease, the kaucja may not be more than 12 times the monthly rent. The rent is counted at the rate in force on the day you sign the lease (Art. 6 ust. 1).
The cap is counted on the monthly rent only. The Act treats utility charges as a separate category, "fees that do not depend on the owner" (Art. 9 ust. 5; Art. 2 ust. 1 pkt 8). So the maximum is 12 times the rent, not 12 times your total monthly cost.
In najem okazjonalny (a special fixed-term lease with a notary deed), the cap is lower: 6 times the monthly rent at signing (Art. 19a ust. 4).
When you get it back
The landlord must return the kaucja within one month of the day you vacate the flat. The landlord may first take off what you still owe under the lease, for example unpaid rent or unpaid bills (Art. 6 ust. 4).
In najem okazjonalny, what you owe can also include the costs of an eviction (Art. 19a ust. 5).
The clock starts on the day you vacate the flat, so write that date in the final handover protocol and keep a copy.
The "valorised" refund
The Act also says the deposit is returned "valorised" (zwaloryzowana). The refund equals the monthly rent on the day of return, times the same multiple used when the deposit was taken. It is never less than the amount you paid (Art. 6 ust. 3). For example, if your deposit was one month's rent and the rent later went up, the text points to one month of the new rent.
This is not inflation indexing. The text makes no difference between public and private landlords, and it still applies to najem okazjonalny (Art. 19e). This guide does not cover how courts apply it to private landlords. So treat it as the wording of the law, not as a promise of a bigger refund.
The handover protocol
A protokół zdawczo-odbiorczy (handover protocol) is a short document that records the flat's condition when the keys change hands. By default, the Act says landlord and tenant draw one up before the tenant gets the flat. It is the basis for settling up at the end (Art. 6c). For flats outside public (municipal) housing, the contract may set this differently (Art. 6f).
The Civil Code adds an important presumption. Unless someone proves otherwise, the flat is presumed to have been handed over in good, usable condition (Kodeks cywilny, Art. 675 § 3). So if the worktop was already burnt when you moved in, you need proof, and a dated protocol with photos is that proof.
A good protocol lists:
- the meter readings for electricity, gas and water;
- every piece of furniture and every appliance, and whether it works;
- every scratch, stain or crack, with a photo;
- how many keys you received.
Both sides sign it, and each keeps a copy. Do the same again on the day you move out.
Ordinary lease and najem okazjonalny compared
| Rule | Ordinary lease | Najem okazjonalny |
|---|---|---|
| Maximum deposit | 12 times the monthly rent (Art. 6 ust. 1) | 6 times the monthly rent (Art. 19a ust. 4) |
| Return deadline | 1 month from vacating, minus what you owe (Art. 6 ust. 4) | 1 month from vacating, minus what you owe, which can include eviction costs (Art. 19a ust. 5) |
| Valorised refund | Yes (Art. 6 ust. 3) | Yes, Art. 6 ust. 3 still applies (Art. 19e) |
| Handover protocol | The law's default, but the contract may change it (Art. 6c, Art. 6f) | Not on the list of rules that apply (Art. 19e), so agree one in the contract |
What to do
- Never pay a deposit before you have seen the flat and checked the owner. The scams guide shows how.
- Make sure the lease states the amount of the kaucja and how it will be returned.
- Pay by bank transfer, not in cash, and write "kaucja" in the payment title.
- Sign a handover protocol with photos and meter readings on the day you move in.
- On the day you move out, sign a second protocol, write the date, and give your bank account number in writing.
- If the money does not arrive within a month, send the landlord a written request that names Art. 6 ust. 4.
For a short version, see the FAQ answer on the deposit.
Questions about the kaucja
Is a deposit of 12 months' rent normal?
No. Twelve times the monthly rent is the legal maximum for an ordinary lease (Art. 6 ust. 1), not a usual amount. If the deposit asked for seems high, ask before you agree. The AI chat in Chata Hunter can tell you whether a deposit is normal for the market.
Does the cap include the czynsz administracyjny?
The cap is counted on the monthly rent, not on rent plus utilities (Art. 6 ust. 1). The Act does not say how to treat a building service charge that is folded into the rent figure. If your contract lists rent and czynsz administracyjny (the building's service charge) separately, check the deposit against the rent line.
When does the one-month return deadline start?
It starts on the day you vacate the flat (Art. 6 ust. 4). Hand back the keys, sign a final protocol with that date on it, and keep your copy. That date is your proof of when the month began.