The BEST Guide to POLAND
Unanswered  |  Archives 
User: Guest

Home / Real Estate  % width posts: 18

Can you use your last months rent to pay a deposit? Is it legal in Poland?

25 Sep 2020 #1
I heard this is allowed or legal in Poland where it is common for landlords to not return deposits. But could the landlord sue you if you do this? Like if it is in the agreement on paper you can't do this but do it anyway because it is common practice? Or if they start haggling you for the months rent even after you tell them you are using it for the deposit?
cms neuf 1 | 1,725
25 Sep 2020 #2
Unless you have caused some big destruction then they are unlikely to chase you in court for 2000 zloty or whatever the rent is.
25 Sep 2020 #3
No you cannot do this. I would not accept the deposit as a last month payment because I do not know if there is any damage that needs to be deducted from the deposit until I do the final inspection. I have contract with my tenant according to which he is obliged to pay the rent by 10th of the month. I would not hesitate to start a small claims procedure on 15th - it is rather straightforward and cheap.
PolAmKrakow 2 | 913
25 Sep 2020 #4
The deposit then should be placed in an interest bearing account and returned with interest. Unfortunately though yes, landlords for residential property love to keep deposits and mark up common wear and tear as damage.
25 Sep 2020 #5
so whats the solution? according to what I have read due to so many polish landlords being scammers and cwaniacstwo is to do just this but the guy above swys he would start a small claims. so whats the solution? just go through the small claims? I mean there is no damage so why would the court agree with his small claims if he gets the same amount or even more in the end?

hats the downside of going through small claim's. if its cheap they cant charge you for some high legal fees anyway and wll it would be is them getting their money faster or what? i just want to prevent from these landlord thieves.

Also, you would have to pay komornik and spend a lot of time just getting that 2000 back and if the they left no damage and youre making it up or trying to blame him for stuff the place came with which many landlords in Poland do how would you win with such an attitude? the court would t slide with you I doubt considering you would have to prove the fuy damaged something.
cms neuf 1 | 1,725
25 Sep 2020 #6
Well first he would have to find you. Once done then he needs to pay a lawyer maybe 100 zloty to start the small claims, then he needs to wait And at the moment all kinds of court are slow because of Covid and summer.

But if you have paid all your cash and he already has your rent sitting in his bank account wouldn't it be more logical to give the apartment a clean and get it back in the market, rather than waste time taking photos of minor wear and tear that are not going to prove anything.

Just my view.
25 Sep 2020 #7
Let me clarify, I am a landlord and a tenant at the same time, so no reason for me to take sides, just telling you what I would do.

If you don't pay the rent by due date, I would terminate the contract and ask you to vacate the apartment. If you decide to comply, leave the apartment immediately, and voluntarily forfeit the deposit instead of paying the last month rent- fine by me, but this would be the most unlikely scenario (why would you do that?). If you however, decide to stay in the apartment, you still owe me the last month rent + compensation for every day of illegally occupying the flat without contract.
25 Sep 2020 #8
I doubt any court in Poland would make someone pay extra and without them having another place to go throw them to the streets ime diately. first of in Poland they csnt throw someone out to the streets like in the usa without you showing in court they have another apartment or place to stay. seocnely, even in the usa during covid right now landlord cant kick people out or evict anyone just read this im sure poland is even more like this:

Thirdly, what court will side with you and why would you even spend all the time and money involved hiring some komornike specially if the guy has no income or you cwnt prove he has w lot of assets for komornik to take (in my case I am unemployed aed live off help from my family abroad). Fourthly, it would twke you months or yrs to even prove anything in court some tenants in poland live rent free for yrs so if you tried to take me to court i could threaten or even make sure it backfires by living rent free for many months.

According to what I suggested, one does this in Poland and it is common according to this Facebook group and my experience to be ripped off so why would zi risk it and risk losing 2k zloty from a guy I dont even trust who promised to do things he never did with the flat to begin with?

why would i risk having to go to court or find this guy myself later when its common practice they do this in Poland?

what law says that I would have to pay you past you requesting me to move every day? Id like to hewr such law id you dont have a good reason or excuse especially since I am past the last agreement or contract so technically there is no contract anyway.

So are you saying those guys are lying in the warsaw expat threat or facebook group and its not a common practice theya re lying and you cant do this according to polish law and landlords in warsaw are super honest and always return the tent.

this is the image of the discussion since you csnt view it without being a member:
cms neuf 1 | 1,725
26 Sep 2020 #9
You asked a question and you got two answers from experienced people - but we can't make your decision for you.

Probably it comes down to whether your landlord values his time higher than the small amount of money.
27 Sep 2020 #10
you guys didnt really answer my questions though. What is the solution if you really have no info about the landlord to sue him later nor want to go to court or deal with getting ripped off besides to do this which you guys claim is risky cause he could file small claims? i mean what is the solution if i have no time or money to file small claims myself and protect myself against the common practice in warsaw od them not giving the money back?

The guy in the facebook wwrsaw expats group who is polish himself claims that is what he does and is legal and common practice in poland and even one woman iv met on synpatia i invited over to my place suggested this. so again what is the risk if the guy even does file small claims hen my whole aim isnt to rip him off but to just use the deposit like everyone suggested in poland instead of being ripped off?
pawian 223 | 24,567
27 Sep 2020 #11
What is the solution if you really have no info about the landlord to sue him

What kind of contract does one sign with the landlord not to know details about him/her?
27 Sep 2020 #12
I dont kno anyone in Warsaw. Secondly, do you know how expensive it is to rent in warsaw and how quickly they rent out. literwlly if you dont rent the firet good deal it will be rented by someone else. plus how am I supposed to find info about them?

I came to Polqnd againt my will only to being deproted back here so how th hell was i supposed to know some landlords reputations?
pawian 223 | 24,567
27 Sep 2020 #13
plus how am I supposed to find info about them?

This info MUST BE in the lease contract you sign with the landlord/lady: their names, address, ID number and PESEL number.
28 Sep 2020 #14
Again you have not provided one negative thing or risk with me doing this except you could file small claims on me but how would that even hurt me and what court would take less than two weeks to settle it and how would a komornik even be worth it for you if you keep the deposit?

Again why should I care about a small claims court if I dont even have a job right now what court would force me to pay extra money past the deposit?

There are people in the usa that literally steal stuff like meble or furtniture from property management and get away with it so why would a Polishc ourt (even more on the right of tenants as there is little homelessness in Poland) force me to pay money for an apartmentr that isnt destryoyed and nothing stolen because I would rather pay deposit than risk getting ripped off in a city (warsaw) full of thieve landlords?
Lenka 5 | 3,516
28 Sep 2020 #15
what court would force me to pay extra money past the deposit?

Simple court cost and if necessity komornik cost would make it more expensive for you
28 Sep 2020 #16

Again you have not provided one negative thing or risk with me doing this except you could file small claims on me

As I said, if you don't pay the rent by the due date, your landlord is likely to terminate your contract and ask you to leave the apartment. He has the right to do that according to the contract. If you you decide to escalate things by refusing to leave, things may unfold in different directions. Depending who you are messing with, you may get away with it, or you may end up in some ditch with the broken scull. In landlords eyes you are a thug who is usurping his property. So don't be a thug - don't sign a contract if you don't want to honour it. You cannot cheat on people just because you think they may cheat on you.

You read one facebook post about landlord not returning the deposit and you assume this is common practice in Poland??? It is not. Even in this case, there was no intention to steal the deposit, but simply a delay due to the calculation of utility costs. The advice to use the deposit as last months rent is stupid, a decent person would not do that and I have neve hear of someone doing that, it would make the deposit pointless.
28 Sep 2020 #17
Wrong. Wrong. wrong. I do not plan on chewting him nor staying for free. I just am avoding being chewted myself. it is very common in Warsaw to be chewted wnd most landlords dont pay back th money and i dont have the time and money to sned people to courts. my previous landlord some lady from wroclaw named irenka would come in without my permission when i wasnt there to check the place and got away with it. whe even claimed i paid three werks since i moved one week into the month and not thwt i started paing the full ammount from the date i mo in for the month which i remembered wnd the only reason she paid back was due to w middle man or management company being involved. the warsaw expats forum on facebook has countless cases person afer eprosn proving it to be true so it isnt just in my case knowing these polalcks how they are how scandaleous they are but multiple foreigners across that forum. ive also been chewted when i loved ins f before so it is bery real. and what downside do i have using the advice of everyone on thwt forum who is polish of doing just that?

it isnt just one post but ive already read about five on thst very forum. do i relaly need to educate you and find them all for you or cna you do your own research on how rentals work in warsaw poland and how polish people wre selfish and egoistical and rip others off whow re either new to country or foreign?
28 Sep 2020 #18
I have hqd eprsonal esperiences with one lqndlord named irenka niesluchowska already qnd dont need any more. You have shown no evidence or proof the guy polish btw on thwt forum is lying thwt its illegsl in poland to do (he claims it is and msot support his strategy) other than i may be charged some 100 zloty court fee it costs him to file a small claims? Banned from posting as guest due to garbage English.

Home / Real Estate / Can you use your last months rent to pay a deposit? Is it legal in Poland?