Protokół zdawczo-odbiorczy — why it decides the return of your deposit

The protokół zdawczo-odbiorczy (handover protocol) is a document which, by virtue of art. 6c of the Protection of Tenants’ Rights Act, the parties draw up before the premises are handed over to the tenant — and which forms the basis for settlements when the flat is returned, including the return of the deposit. As of August 2026 the rules are as follows: the deposit in a standard lease may not exceed 12 times the monthly rent, in najem okazjonalny (occasional lease) and institutional lease — 6 times, and in Warszawa practice it usually amounts to the equivalent of 1–2 rents (at a rate of 4,000 PLN that is 4,000–8,000 PLN). The owner must return the deposit within one month from the day the premises are vacated, after deducting only documented amounts due. If there is no protocol, the presumption from art. 675 § 3 of the Civil Code applies — the law assumes that the premises were in good condition, and the burden of proof falls on the tenant. A well-drafted protocol contains meter readings, an inventory of furnishings with a description of their condition, pre-existing defects and photographic documentation listed as an annex. Below we show step by step how to prepare a document that protects both the tenant and the owner.

What does the law say about the protokół zdawczo-odbiorczy?

The obligation to draw up a protocol is not an invention of agencies. Art. 6c of the Act of 21 June 2001 on the protection of tenants’ rights (consolidated text: Journal of Laws of 2023, item 725) states that before the premises are handed over to the tenant the parties draw up a protocol in which they set out the technical condition and degree of wear of the installations and equipment located there — and that this protocol forms the basis for settlements when the premises are returned.

There is also a second pillar: art. 675 § 3 of the Civil Code introduces a presumption that the premises were handed over to the tenant in good condition and fit for the agreed use. In practice this means that if there is no protocol, the law assumes the flat was in good condition — and it is the tenant who has to prove that the cracked tile or the damp stains on the ceiling were already there. For the owner, the lack of a protocol is equally risky: it is hard to show what exactly was handed over, in what condition and with what furnishings. The protocol is in any case only one element of a well-prepared lease agreement.

What exactly should be written down in the protocol?

A good protocol is created on the day the keys are handed over, in the presence of both parties, in two signed copies. It should contain:

• the details of the parties, the address of the premises and the date of handover;
• meter readings together with the meter numbers — electricity, gas, hot and cold water, heating;
• the number of keys and sets, as well as gate remotes, access cards, cellar keys and the letterbox key;
• the condition of every room: walls, ceilings, floors, windows, doors, fittings, kitchen units;
• an inventory of furnishings with a description of their condition — not “furnished kitchen”, but “fridge, working, scratch on the door”, preferably with the serial numbers of the appliances;
• pre-existing defects, even minor ones — noting them protects the tenant above all;
• the parties’ remarks and legible signatures.

Changes during the tenancy — a new washing machine, a replaced tap, refreshed walls — should be added by way of an annex to the protocol, with the date and the signatures of both parties.

How to document the condition of the flat with photos?

A description alone is not enough, because everyone understands “a minor scratch” differently. Photograph every room in a wide frame, and add close-ups of defects and meters — so that the device number and the reading are visible. Make sure the date the photos were taken is visible.

When moving out, repeat the same frames: a 1:1 comparison cuts off most discussions before they even start. Increasingly, parties also record a short video walkthrough. An important formal detail: list the photographic documentation in the text of the protocol as an annex — it then becomes an integral part of it, rather than a loose file on a phone.

What is the maximum deposit and when must it be returned?

The amount of the deposit is limited by the act — and differently, depending on the form of the lease (legal status as of August 2026):

Form of lease	Maximum deposit	Legal basis
Standard lease	12 times the monthly rent	art. 6 sec. 1 of the act
Najem okazjonalny	6 times the rent	art. 19a sec. 4
Institutional lease	6 times the rent	art. 19f sec. 4

In the practice of the Warszawa market in 2026 the deposit is usually the equivalent of one or two months’ rent. The limit is calculated according to the rent as of the day the agreement is concluded — a later increase does not entitle the owner to demand a top-up. We write about the specifics of najem okazjonalny — including the tenant’s notarial declaration — in a separate guide.

The most important deadline: the deposit is returnable within one month from the day the premises are vacated (art. 6 sec. 4 of the act), after deducting the landlord’s documented amounts due. The deadline runs from the actual handover of the keys, not from the end date of the agreement — if you move out on the 10th and the agreement formally runs until the 30th, the month is counted from the 10th. We have gathered the full list of tenant rights connected with the deposit in the article deposit — tenant rights. In the tenancies we handle as part of our service for tenants, the amount of the deposit, the deadline for its return and the rules on deductions are set out in the agreement before moving in.

Damage or normal wear and tear — how to tell them apart?

Most deposit disputes are fought over this boundary. Under art. 675 § 1 of the Civil Code the tenant returns the premises in an undeteriorated condition, but is not liable for wear that results from proper use. A simple practical test: would the same mark have appeared with a careful owner living in the premises for the same length of time?

• Normal wear and tear: worn carpeting in hallways, marks left by furniture, walls faded after several years, worn seals.
• Damage: a hole in a door, a burnt kitchen countertop, stains that cannot be removed, a torn-off tap.

The longer the tenancy, the more falls within the norm — in practice it is accepted that after several (usually 3–5) years the need to repaint the walls is already normal wear and tear, not damage caused by the tenant. On the other hand, the catalogue of minor repairs and maintenance that burden the tenant during the tenancy is listed in art. 6b sec. 2 of the act — including the maintenance of floors, windows and doors and of sanitary fittings.

What does the settlement on moving out look like?

The final protocol is drawn up on the day the premises are returned: the same items, the same photo frames, meter readings for the settlement of utilities. If the owner wants to deduct something from the deposit, they should indicate specific items and amounts — a vague “damage to the premises” will not stand up in the event of a dispute.

It is also worth knowing that the landlord’s claims for compensation for damage to or deterioration of the premises become time-barred after one year from the day of return (art. 677 of the Civil Code) — which is why you should keep both protocols and the full set of photos for at least that period.

Which mistakes cost the most?

1. No protocol at all. “We trusted each other” ends in a dispute over the deposit in which neither party has any evidence — and the presumption from the Civil Code works to the tenant’s disadvantage.
2. A protocol that is too general. The wording “flat in good condition” says nothing; the strength of this document lies in the details, the readings and the photos.
3. No final protocol. Simply handing back the keys without recording the condition deprives the tenant of proof that they left the premises in order, and the owner of a basis for a reliable settlement.

At allproperty we draw up the protokół zdawczo-odbiorczy — with full photographic documentation and meter readings — for every tenancy we handle: both when the premises are handed over and when they are returned. For landlords this is part of the rental service for owners, which costs 50% of the monthly rent. If you are renting out a flat in Warszawa or are just ending a tenancy and want certainty about the settlement of the deposit, get in touch — we will advise how to prepare the documents step by step. And if, during the handover of the flat, you come across something unclear in the wording or in the meter readings — do not wait until tomorrow, call straight away from the spot: we work 24/7, and we answer the phone +48 666 866 468 (or +48 692 649 839) at any hour.