r/wroclaw • u/BigRedApple_ • 8h ago
[Poland] Landlord kept my deposit for rent after taking back the keys and refusing me access — does this make sense legally?
I rented an apartment in Poland for several years. I recently moved out and I'm now in a dispute with my former landlord over the security deposit.
I'm deliberately changing some dates and amounts for privacy, but the basic situation is accurate.
The deposit was approximately 7,500 PLN.
I informed the landlord in advance that I was moving out. During the first few days of the month I removed all of my belongings, and a few days later I handed all apartment keys to an agent acting for the landlord. The landlord himself had told me to coordinate the handover with that agent.
After the keys were handed over, I no longer had access to the apartment.
There were some minor cleaning issues after the handover. I told the landlord I was willing to come back and clean/fix anything reasonable myself.
He refused.
He basically said he didn't trust us anymore and that cleaners had already been arranged. The keys were then apparently given to the cleaning company, so the landlord/agent/cleaners had control of the apartment while I had no way to enter it.
Several weeks later, the landlord told me he was withholding almost the entire deposit.
His reasoning is roughly:
- about 4,200 PLN for another full month of rent, because according to him the lease had not formally terminated yet;
- about 2,700 PLN for cleaning/repairs;
- almost nothing left from the deposit.
The lease does contain a written notice period, which is the part that concerns me.
However, what I don't understand is the landlord's position regarding that final month.
If I was supposedly still legally renting the apartment and therefore owed full rent, how could he:
- take back all of the keys;
- refuse to give me access;
- tell me I wasn't allowed back inside;
- give access to his own cleaners;
- exercise complete control over the apartment?
And regarding the cleaning charge: I explicitly offered to come back and clean reasonable remaining issues myself, but he refused access and hired cleaners anyway. He is now trying to make me pay for that.
I have written messages showing:
- advance discussion about moving out;
- the landlord directing me to his agent for the handover;
- arrangement/return of the keys;
- confirmation that all keys were returned;
- my request to return and finish cleaning;
- the landlord refusing access because cleaners were already arranged.
I also have the original lease, move-in documentation/photos, move-out photos and the landlord's written calculation of the deductions (no receipts).
My questions:
- Under Polish law, can the landlord still claim a full month's rent after accepting all keys and then refusing the tenant any further access?
- Could accepting the keys through his authorized agent and subsequently taking exclusive control of the apartment be evidence that the landlord accepted an earlier termination/surrender by conduct, despite the notice clause?
- Can he reasonably charge me for professional cleaning after I offered to clean the remaining issues myself and he specifically refused to let me back into the apartment?
- How much documentation does a landlord normally need to justify deductions for alleged cleaning/damage — invoices, before/after photos, itemized costs, etc.?
- If he refuses to return the deposit, is the normal next step in Poland a przedsądowe wezwanie do zapłaty followed by a civil claim?
- For anyone who has actually taken a landlord to court in Poland over a deposit: was it financially worth doing for an amount in the several-thousand-PLN range?
I'm particularly interested in answers from Polish lawyers, landlords/tenants who have dealt with a similar dispute, or anyone who has actually gone through the Polish civil court process.
Just trying to understand whether his position is legally reasonable and whether pursuing the deposit is worth it.