Tenant-Caused Damage
Damage to a rented unit beyond ordinary wear and tear from normal use, for which a tenant is legally liable — typically identified by comparing the move-in and move-out handover protocols and settled against the security deposit.
Сфера дії: Польща.
Визначення
Under Article 675 of the Civil Code, a tenant must return the rented property in a condition consistent with normal use, and is not liable for deterioration that results from proper, ordinary use of the unit over the lease term. Tenant-caused damage (szkody lokatorskie) refers specifically to harm that goes beyond that baseline — a broken fixture, damaged flooring, holes in walls beyond ordinary picture-hanging wear, or damage from negligence such as an unattended bathtub overflow.
The practical dividing line between ordinary wear and tenant-caused damage is established by comparing the condition documented in the move-in handover protocol against the move-out handover protocol — a landlord who never documented the unit's original condition has a much weaker basis for later claiming damage. Where damage is found, the landlord may deduct the repair cost from the tenant's security deposit; if the cost exceeds the deposit, the landlord can pursue the tenant for the difference.
Приклади
A move-out protocol notes a cracked bathroom tile and a large stain on the carpet that weren't present at move-in — the landlord deducts the repair cost from the tenant's deposit.
A tenant argues that slightly worn kitchen countertops after three years of normal cooking use is ordinary wear, not tenant-caused damage, and the landlord agrees not to charge for it.
A landlord who never signed a move-in protocol struggles to prove that a damaged door wasn't already like that before the tenant moved in.
Як це впливає на купівлю та продаж
For both landlords and tenants, a thorough move-in handover protocol — ideally with photos — is the single most useful piece of evidence if a dispute over tenant-caused damage arises at move-out. Without one, the landlord bears the practical burden of proving the unit's original condition, which makes disputed deposit deductions much harder to defend.
