Rental guide
Flat handover protocol (protokół zdawczo-odbiorczy): what it contains and how to draw it up
A handover protocol describes the condition of the flat on the day it is handed over and returned. A well-prepared one makes settling utilities and the deposit easier and reduces disputes between the owner and the tenant.
What a protocol should contain
There is no single official template. In practice, a protocol covers:
- the date and place of drawing it up, and the flat's address,
- details of the parties: the landlord and the tenant,
- meter readings with their numbers,
- the number of keys, fobs and remotes handed over,
- the condition of each room: walls, floors, windows, doors, lighting, sockets,
- a list of equipment and furniture with their condition,
- remarks and signatures of both parties, and at move-out – the deposit settlement.
Meters and utilities
Meter readings on the day of handover and return are the basis for settling utilities for the rental period.
- Write down the number of each meter – if a meter is replaced, it is then easy to explain the difference in readings.
- With a two-zone tariff, record the day and night readings separately.
- Take a photo of each meter with the reading visible.
Photos
Photos are the strongest complement to the description.
- Photograph each room as a whole, then up close – scratches, stains, cracks.
- Caption the photos (e.g. “kitchen – worktop by the sink”) and attach them to the protocol as an appendix.
- Keep the original files: they contain the date taken.
- At move-out, take photos from the same spots as at handover.
Describing the condition of the flat
The description should be specific – “good condition” is not enough when there is a scratch on the floor.
- For each item, specify its condition (e.g. good, needs refreshing, damaged) and add details.
- Check that appliances work: fridge, washing machine, hob, oven, water heater.
- Remember that, as a rule, the tenant is not responsible for wear resulting from proper use of the flat.
Deposit settlement
When the flat is returned, the protocol is the basis for settling the deposit.
- Under the Polish Act on the Protection of Tenants' Rights (ustawa o ochronie praw lokatorów), the deposit is to be returned within one month of the flat being vacated, after the landlord's rent-related claims are deducted.
- The Act also provides rules for indexing the deposit; whether they apply depends on the type and content of the agreement, so check your agreement.
- Describe each deduction in the protocol: what it is for and in what amount.
- In case of a dispute, consult a lawyer or the municipal/district consumer ombudsman (miejski/powiatowy rzecznik konsumentów, if the landlord is a business).
When moving out
A move-out protocol is easiest to prepare with the signed move-in protocol at hand: you check, room by room, what has changed.
- Go through all the rooms together, in the same order as at handover.
- Write down the new meter readings and count the returned keys.
- Enter the differences in the protocol, and each party's remarks in separate fields before the signatures.
This guide is for information only and is not legal advice. Regulations may change, and their application depends on the type of rental agreement.
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