Rental reservation agreements in Poland: what to check before you pay

You like the flat, several people are queuing for it, and the owner or the agent says: pay a reservation fee and we will hold it for you. You sign a sheet of paper, transfer 500 zł or 2000 zł, and leave feeling the matter is settled.

Usually it is. Sometimes it is not, and then it turns out the money does not come back.

What a reservation agreement actually is

For a rental this is an ordinary civil contract that the two sides shape themselves. No separate statute says what it must contain or how much it may cost.

One thing is worth knowing: the developer act you sometimes hear about in this context covers buying from a developer, not renting. Renting has no dedicated reservation rules. What remains is the general Civil Code, plus consumer protection when the landlord is a business. That is why the wording on the sheet carries most of the weight here.

The question that decides everything: zaliczka or zadatek

One Polish word decides whether you get your money back.

Zaliczka and zadatek: what happens when the tenancy does not go ahead
	Zaliczka (advance)	Zadatek (deposit)
You walk away	As a rule it comes back	The other side may keep it
The owner walks away	It comes back	You may claim twice the amount
The tenancy goes ahead	Counts towards rent or the security deposit	Counts towards rent or the security deposit

A zaliczka is simply a prepayment and normally comes back if you withdraw. A zadatek is sharper: it is defined in article 394 of the Civil Code, and its whole point is that someone loses money by pulling out.

Those are the default consequences. They apply unless the contract says otherwise, and the outcome turns on who is responsible for the deal falling through.

What the agreement should contain

A reservation without these is worth about as much as a promise over the phone.

Checklist

The exact address: street, building and flat number, floor, floor area
The amount, and whether it is a zaliczka or a zadatek, stated in those words
The date the reservation expires and the date the tenancy agreement will be signed
The rent and the charges that will apply in the tenancy agreement
Refund terms: in which situations the fee comes back, and within how many days
Who signs: the owner or an agent, and whose account the money goes to
Signatures from both sides, and your own copy on paper or as a file

Checked: 0 of 7

Ticks are saved in this browser, so you can come back to the list later.

Two things go missing most often: the expiry date and the refund terms. Without an expiry date the reservation hangs in the air and you can wait for weeks. Without refund terms, every conversation about money starts from zero.

Clauses worth stopping at

Not all of them are unlawful, but each one shifts risk onto you.

The fee is forfeited “in every case”, including when it is the owner who changes their mind.
The reservation does not name the flat, only “the unit indicated by the landlord”.
The rent in the reservation differs from the listing, or is missing entirely.
The money goes to the private account of someone who is neither the owner nor holds a power of attorney.
The tenancy agreement is to be signed “on a date agreed later”.

Before you sign

Three things take 15 minutes and save the most.

1
Check who owns the flatAsk for the land register number and look it up in the Ministry of Justice search. It is free.
2
Check that the person at the table may let itIf they are not the owner, ask for the power of attorney or their contract with the owner.
3
Read the whole reservation on the spotIf someone is rushing you, that is information in itself.

If something is missing, ask for it to be added. An honest counterparty will add an expiry date and refund terms without an argument.

Common questions

Does a reservation agreement have to be in writing?

The law does not require it, but without a document you cannot prove what you agreed. Treat no paper as no agreement, and do not pay until there is one.

Can I ask for the terms to be changed?

Yes. It is an ordinary contract and both sides shape it. An expiry date and refund terms are usually accepted, because they cost an honest landlord nothing.

I paid, and the owner let the flat to somebody else. What now?

Start with a written demand for the refund, with a deadline. If the money was a zadatek and the other side is responsible for the deal falling through, you may claim twice the amount. For larger sums, have a lawyer read the contract.

Can an agent take the reservation fee into their own account?

They can, if they act under a contract with the owner and the reservation says so. Ask for that basis and for a receipt. A transfer to the private account of someone with no mandate is a warning sign.

One sentence to remember

Before you transfer anything, make sure the sheet carries the flat’s address, the word “zaliczka” or “zadatek”, an expiry date for the reservation, and refund terms. Without those four, do not pay.