A scratch on the countertop you didn’t make. A stain on the carpet that was there before you moved in. A window that sticks, which you mentioned when you moved in, but only verbally. Each of these things, when you move out, can turn into a deduction from your deposit – and a deposit is usually an amount equal to one month’s, sometimes two months’ rent. For a student, that is money that makes a real difference.

The biggest problem is that a dispute over the deposit is resolved not when you move out, but when you move in – at a moment when few people think about it. The person who has documentation of the property’s condition from the day it was handed over will almost always win the argument. The person who does not have it is left with the task of proving that they did not do something – and that can be impossible.

In this article, we explain what a deposit is under the law, when the landlord has the right to keep it, how to prepare a handover protocol that genuinely protects you, and how the deposit works in private student accommodation.

What a deposit is and what it definitely is not

A deposit is security for the landlord’s claims arising from the lease agreement. You pay a specified amount before the property is handed over, and the landlord holds it for the entire rental period.

The key thing to understand is: a deposit is not a fee or an advance payment for rent. It is a refundable security deposit – and by default, the landlord is obliged to return it. The right to make deductions is an exception to this rule, not the rule itself, and it is the landlord who must prove the basis for any deduction.

This has a very practical consequence. If, when moving out, you hear that the “deposit is forfeited” without a specific reason and amount being given, that position has no basis in the regulations. The landlord should state exactly what they are deducting for and in what amount.

How much the deposit is

In apartment rentals, a deposit equal to one month’s rent is common practice, although two months is also often seen. In occasional rental agreements, the law sets an upper limit based on a multiple of the rent, so demanding very high amounts is not justified.

Always make sure the deposit amount, the deadline for payment, and the refund rules are written into the agreement. A deposit paid “on trust,” without a receipt and without being included in the document, is the first step toward problems.

When a landlord may deduct from the deposit

The grounds for deduction come down to three categories.

Payment arrears

Unpaid rent, unsettled utilities, unpaid additional charges – these are the most obvious and hardest-to-challenge grounds. If you are in arrears, the landlord has the full right to cover the debt from the deposit.

Damage beyond normal wear and tear

This is the most common area of dispute, and it is worth understanding the distinction precisely.

Normal wear and tear is the result of ordinary use of the premises over time, in a way consistent with their intended purpose. The landlord cannot deduct from the deposit for this. It includes:

  • scuffs and fading of paint on the walls after a year of use,
  • foot traffic marks on the floors in hallways and passage areas,
  • small scratches on countertops and furniture caused by normal use,
  • wear of seals, taps, or other consumable components.

Damage means destruction beyond that scope – a broken pane, a cabinet door torn off, a burn hole in the countertop, a flooded and swollen floor, holes from wall plugs in tiles. For that, the landlord may make deductions.

The boundary is not always clear, and that is exactly why documentation of the initial condition is so important – it shifts the discussion from impressions to facts.

Failure to clean or empty the property as agreed

If the agreement requires the property to be returned cleaned and emptied, and you leave your belongings there or hand it back in a condition requiring professional cleaning, the landlord may charge you for the cost.

Handover protocol – the document that protects your deposit

The handover protocol is a description of the condition of the property and its furnishings at the time of handover. It is prepared twice: when you move in and when you move out, and comparing the two documents determines what happened during your stay.

It is the most effective tool you have to protect your deposit – and at the same time the one most often overlooked, because everyone is in a hurry on moving day.

What the protocol should include

  1. The date and the parties’ details – who is handing over and who is receiving.
  2. Meter readings – electricity, gas, hot and cold water, with exact readings. This protects you from being charged for the previous tenant’s consumption.
  3. The number of keys handed over – for the apartment, the building, the mailbox, gate remotes.
  4. An inventory of furnishings – furniture, household appliances, and electronics, with the condition of each item specified.
  5. A description of the condition of the rooms – walls, floors, windows, doors, fixtures, with existing damage listed.
  6. All defects noticed at handover – even minor ones. This is the most important part of the document.
  7. Signatures of both parties.

Photos – an element you must not omit

A written description alone is often not enough, because a “scratch on the countertop” can be understood in different ways. Take photo documentation of the entire property on moving-in day:

  • each room in a wide shot,
  • close-ups of all noticed damage,
  • meter readings with the numbers clearly visible,
  • the inside of cabinets, the fridge, the oven,
  • the condition of the walls, especially in corners and behind furniture.

The photos have a date in the metadata, which makes them strong evidence. Email them to the landlord the same day with a short message – this gives you proof that the other party received them and did not dispute them.

The most common moving-in mistake

Reporting defects verbally. “I told you when we handed over the apartment that this drawer doesn’t close properly” is a sentence you cannot prove a year later. Everything you notice should be included in the protocol or at least in an email message.

The same rule applies to defects reported during the tenancy – always in writing or by email, never by phone alone.

Moving out – how to prepare

A few steps worth doing in the right order:

  1. Arrange the handover date in advance and set aside real time for it – not half an hour before your train leaves.
  2. Clean thoroughly, including the fridge, oven, and bathroom. It is the simplest way to avoid a cleaning deduction.
  3. Fix small things that can be fixed – plug wall holes, replace blown bulbs. The cost is low, while a deduction can be disproportionately high.
  4. Take photos of the final condition – using the same angles as when you moved in.
  5. Prepare the handover protocol with meter readings and the list of furnishings.
  6. Return all keys and note this in the protocol.
  7. Agree in writing on the deposit refund date and method – bank account number, date.

What to do if the landlord refuses to return the deposit

If the deposit is not returned by the agreed deadline, the steps are as follows:

  • A written demand for payment – with a deadline and a statement of the basis. Sent by email or registered mail so you have proof.
  • A request for a detailed breakdown – if the landlord claims a deduction, they are obliged to state for what and in what amount.
  • Referring to the protocol and photo documentation – this is when the preparation from moving-in day pays off many times over.
  • Court proceedings – as a last resort, under the simplified procedure for small claims. It is worth consulting a lawyer beforehand, and students often have access to free legal advice at their university.

In practice, most disputes end at the demand stage – a landlord who sees that the other side has complete documentation will usually give up unjustified deductions.

The deposit in shared rental – additional risk

If you rent an apartment with friends under one agreement, the deposit is usually joint. This creates a situation you should be aware of: damage caused by one roommate affects everyone’s deposit.

If one person damages equipment or moves out earlier without paying their share, the financial consequences fall on the others. This is a real scenario, not a theoretical one.

A sensible safeguard is to set out internal arrangements between roommates: who paid what share of the deposit, how the costs of possible damage are divided, and what happens if someone moves out before the lease ends. It does not have to be a formal document – a message in a group chat that you can return to is enough. We write more about building good relationships in such an arrangement in the article on how to build relationships with a roommate from day one.

How the deposit works in private student accommodation

In professionally run properties, the mechanism is the same, but the circumstances are usually simpler. This is due to several structural differences:

  • Standardized procedure – the same rules for all residents, described in the regulations available before signing the agreement.
  • The protocol as part of the standard – room handover and return follow an established procedure, rather than depending on whether someone happened to remember the document.
  • Utilities included in the fee – the most common source of disputes during final settlement disappears, namely underpayment for electricity or heating discovered after moving out.
  • Individual responsibility – you live under your own agreement, so you are not financially responsible for what someone else does.
  • Ongoing technical support – defects are reported on site and repaired during the stay, rather than accumulating until the final settlement.

The rules remain the same everywhere, however: read the agreement and regulations, take photos when moving in, and report defects in writing. Good practice does not depend on the type of accommodation. We described what the process looks like from the moment of booking in the article on how the room booking process works step by step.

Checklist – keep your deposit under control

Before signing the agreement:

  • check the deposit amount and whether it is written into the agreement,
  • agree on the refund deadline (e.g. 14 or 30 days after handing over the property),
  • check which situations the agreement lists as grounds for deduction,
  • make sure you receive proof of payment.

On moving-in day:

  • prepare the protocol with meter readings and an inventory,
  • list all defects, even minor ones,
  • take a full set of photos,
  • email the documentation to the landlord.

During the tenancy:

  • report defects in writing or by email,
  • keep confirmations of rent and utility payments,
  • do not make permanent changes without written consent.

When moving out:

  • clean and fix small issues,
  • take photos of the final condition,
  • prepare the handover protocol with readings,
  • return the keys with confirmation,
  • agree in writing on the deposit refund date and method.

Summary

A deposit is a security deposit that, by default, is returned to the tenant – a deduction is the exception and requires justification, not the rule. The landlord may keep it in three situations: payment arrears, damage beyond normal wear and tear, and failure to clean and empty the property as required.

Whether you get your money back in full is decided by one thing done a year earlier: a thorough handover protocol with photo documentation. That half hour on moving-in day can turn a potential dispute from an argument about impressions into a comparison of two documents. It is well worth the time.

If you would rather avoid meter-based settlements and responsibility for roommates’ actions, the solution is accommodation with an all-inclusive fee and an individual agreement. Check the offer of Next Door student housing in Krakow, browse the answers to the most frequently asked questions, or contact us to discuss the conditions for the upcoming academic year.