The flat handover protocol in Poland: template and checklist

Deposits are most often lost not to a damaged flat, but to the lack of proof of how the flat looked at the start. That proof is the handover protocol (protokół zdawczo-odbiorczy): a document written up on key day and signed by both sides.

Writing it takes half an hour. A dispute without it can drag on for months, because it is word against word.

What the protocol is and why it protects both sides

The handover protocol describes the state of the flat at the moment it changes hands: what is in it, what works, what is damaged, and what the meters read. For an ordinary tenancy no law dictates its form, so what counts is what you actually write down.

It protects you in both directions. At move-in it documents the defects that were already there, so nobody bills you for them at move-out. At move-out it documents that you are returning the flat in a non-worsened state, and it closes the meter settlement.

The same deposit dispute: with a protocol and without one

	With a signed protocol	Without a protocol
A scratch on the worktop from before your move-in	Recorded in the protocol, case closed	Word against word
The electricity settlement for the last month	A meter reading with a date and signatures	Estimates and guesswork
The number of keys returned	Counted and signed for	A possible claim that a set went missing

What must be in the protocol: a template point by point

You do not need a ready-made form. A sheet of paper, or a document on your phone, with the points below written up on the spot and signed by both sides is enough. Treat this list as the template and tick it off as you write.

Header and parties

• Date and the address of the flat, with the unit number
• Names and ID numbers of both parties, or their details from the rental contract
• A reference to the rental contract the protocol belongs to
• The number of key sets handed over: flat, building entrance, mailbox, cellar

Checked: 0 of 4

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Meters

• The electricity meter reading with its meter number
• Cold and hot water meter readings with their numbers
• The gas meter reading with its number, if there is one
• Heat allocators or the heat meter reading, if present
• A photo of every meter taken while writing the protocol

Checked: 0 of 5

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State of the flat, room by room

• Walls and ceilings: stains, cracks, marks left by pictures
• Floors: scratches, warping, stains on carpets
• Windows and doors: do they close properly, seals, the balcony key
• Bathroom: grout, silicone, water pressure, whether the flush and drains work
• Kitchen: does every burner work, the oven, the fridge and the extractor
• Equipment listed in the contract: furniture and appliances, each with a short note on its state
• Defects found at handover, each described and photographed

Checked: 0 of 7

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How to document so the evidence holds

1. 1
   Photograph with dates and in fullEvery room wide, plus close-ups of defects and meters. The date in the metadata is enough; email the whole series to the other side straight away so both of you hold the same set.
2. 2
   Test, do not just lookRun the taps, light every burner, start the washing machine briefly, test the sockets with a charger. A defect found at handover is a line in the protocol; found a week later, it is an argument.
3. 3
   Sign 2 copiesOne for each side, both with the same content and attachments. Keep a scan or photo of the signed protocol wherever you keep the rental contract.

What the lack of a protocol costs

A rental contract without a protocol still works, but it leaves 3 fronts open.

First, the deposit. With no record of the starting state, the landlord can deduct for defects that predate you, and you have no way to show they are not yours.

Second, the meters. With no readings written down, the utility settlement for the first and last month runs on estimates, and rarely in your favour.

Third, the equipment. If the contract says “furnished flat” and there is no protocol, then a year later nobody remembers whether there was a microwave and whose hair dryer that is.

Frequent questions

Is a handover protocol required by law?

For an ordinary tenancy no provision demands it, but for occasional and institutional tenancy the technical state of the flat is documented at handover. Whatever the form of tenancy: without a protocol, recovering the deposit in a dispute is hard.

What if the landlord refuses to sign a protocol?

Write up the state yourself, take a full dated photo series and email everything to the landlord asking for confirmation. Such a one-sided record with proof of delivery is far better than nothing. Treat reluctance to document the flat as a warning sign.

We found a defect a day after signing. Is it too late?

No. Report it immediately in writing with a photo. Hidden defects that could not be seen at handover, like a leaking valve behind the washing machine, are not yours just because the protocol is already signed.

Can the protocol live on a phone instead of paper?

It can, as long as both sides hold the same document and its acceptance can be shown, e.g. in an email exchange. Paper with 2 signatures is simplest as evidence, but an emailed protocol answered with "confirmed" does the job too.

One sentence to remember

On key day write down the meters with their numbers, describe defects concretely and with photos, count the keys and sign the protocol in 2 copies, because that document later settles every deposit dispute.