Flat handover record — move-out

Published byDocMuse

The record made when a rented flat in Poland is returned at the end of the tenancy: the state of the flat and furnishings compared with the move-in record, meter readings, keys returned, damage found and the deposit settlement — how much is deducted, for what, and to which account the rest goes back. Settling it on the spot is the simplest way to keep the deposit out of court.

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Common questions

Can the landlord deduct the cost of repainting from the deposit?

It depends whether it is ordinary wear or damage. The tenant returns the flat in no worse condition, but is not liable for wear from proper use (art. 675 of the Civil Code). Painting the walls is one of the minor outlays that fall on the tenant during the tenancy (art. 681), so damaged walls may justify a deduction, while the marks of ordinary living do not.

What if the parties disagree about damage when the flat is returned?

Record each side's position in the record and attach photos. Signing with reservations is better than not signing at all, because it fixes the flat's condition on the day of return. If it comes to a dispute, a court decides whether a deduction was justified by comparing this record with the one made at move-in.

What if the deposit does not come back after the record is signed?

The deadline is a month from vacating the flat. After that the landlord is late and statutory interest for delay can be claimed on the amount that should have been returned (art. 481 of the Civil Code). A record showing the agreed deduction is strong evidence: a payment demand, and if need be a claim in court, is all it takes.