A room handover protocol is a document that describes the condition of the room, its equipment and the meters on move-in day and on move-out day. It is the simplest way to avoid arguing, when the deposit is returned, about what was destroyed and what was simply worn. The law says that a tenant returns the item in an undeteriorated condition but is not liable for wear resulting from proper use [1].
In this guide you will find a list of items worth recording, a way of documenting defects and the rules for settling up at move-out. This is informational material, not legal advice.
Key takeaways
- A tenant is not liable for wear resulting from proper use of the room, but is liable for deterioration of its condition [1].
- A landlord should hand over the room in a condition fit for the agreed use and keep it in that condition [2].
- A deposit is returned within a month of vacating the premises, after the landlord’s claims are deducted [3].
- Report defects promptly and in writing; defects known when the agreement was concluded limit later claims [4][5].
What is a room handover protocol and why sign one?
A handover protocol is a jointly signed description of the condition of the room and its equipment at the moment of handover and return. It does not replace the agreement, but it is evidence of the condition the room was in at the start of the tenancy.
The legal basis
The Civil Code does not use the name “protocol”, but it describes the obligations that the protocol documents. A landlord must hand over the item in a condition fit for the agreed use, and minor expenses related to ordinary use are borne by the tenant [2]. After the tenancy ends, the tenant returns the item in an undeteriorated condition and is not liable for wear resulting from proper use [1].
Why a protocol protects both parties
Without a protocol it is hard to establish whether a scratch on the wardrobe or a stain on the carpet appeared before or after you moved in. A dispute over a few hundred zloty can extend the deposit settlement by weeks. A well-written protocol shortens that time, because both parties see the same starting condition.
What should you write in the protocol when moving in?
In the protocol, write the details of the parties, the address and room number, the date, the condition of every element of the room and the common areas, the equipment, the meter readings and the number of keys. The more specific the description, the less room there is for dispute.
Details of the parties and the premises
Start with identifying data: the name (company name) of the landlord and tenant, the address of the premises with the room number, the date and time of handover, and the number of the rental agreement to which the protocol is an annex. Add the people who were present at the handover.
Condition of the room and its equipment
Describe the elements one by one, in the same order at move-in and move-out.
| Element | What to describe |
|---|---|
| Walls, ceiling, floor | scratches, stains, paint chips, damage to panels or carpet |
| Windows and doors | tightness, handles, locks, cracks, blinds or shutters |
| Furniture (bed, mattress, desk, chair, wardrobe) | condition, damage, missing items, dirt |
| Kitchen and appliances | fridge, cooker, dishes, cleanliness, working functions |
| Bathroom | condition of taps and fittings, grout, seals, ventilation |
| Internet and router | whether it works, who the provider is, where the router stands |
Source: own work based on the obligations in art. 662 and 675 of the Civil Code [1][2]
Meters, keys and additional equipment
Write down the meter readings (electricity, water, gas, if there are any in the flat) and take a dated photo of each. Enter the number of sets of keys to the flat, the room, the mailbox and remote controls. Add a list of small equipment: kettle, vacuum cleaner, clothes dryer.
Nearby Campus expert tip: As a room operator, we recommend taking photos in the same order as the entries in the protocol: wall by wall, then furniture, then kitchen and bathroom. That way, when you move out, you compare photo with photo, not memory with memory.
How do you describe defects and faults so that you are not liable for someone else’s damage?
Write every defect in the protocol at move-in, and report later ones promptly and in writing. The Civil Code provides that if the leased item has defects limiting its usefulness, the tenant may demand a rent reduction for the duration of those defects [4]. A tenant who knew of the defects when the agreement was concluded cannot rely on this [4].
Why you need to write everything down from the start
The last sentence has a practical meaning: if you see a cracked pane or a leaky window and sign the agreement without comments, it is harder to pursue claims later. That is why you should also note minor defects in the protocol, and discuss serious ones with the landlord before signing the agreement. The room viewing checklist before renting helps with this.
How to report defects during the tenancy
If during the tenancy the item needs repairs that are the landlord’s responsibility, the tenant should notify the landlord without delay [5]. Send the report by e-mail or in a message that you can show later, and attach a photo. If the landlord does not remove the defect within a reasonable time, you may have the right to terminate the tenancy without observing notice periods, but it is worth consulting a lawyer before taking such a step [4].
What does handing back the room at move-out look like?
At move-out the landlord and the tenant compare the condition of the room with the entries from move-in day, record the meter readings and sign the second part of the protocol. The basis of the settlement is the rule in art. 675 of the Civil Code: you return the room undeteriorated, without liability for normal wear [1].
Normal wear versus damage
The table below shows an indicative division; in case of doubt, the agreement and the specific circumstances count.
| Situation | Usually considered |
|---|---|
| light scuffs on furniture, paint dulled after a few months | normal wear |
| minor marks from using the desk, faded upholstery | normal wear |
| holes in the wall, stains that are hard to remove, a cracked countertop | deterioration |
| a missing key, a broken lock through the tenant’s fault | deterioration |
Source: [1]; the division is indicative, the assessment depends on the agreement and circumstances
Meters, cleaning and keys
Record the meter readings on move-out day and compare them with move-in. Return all keys and remotes and confirm this in the protocol. Clean the room to the condition in which you received it; compare it with the photos from move-in day.
Deposit return
A deposit secures the landlord’s claims arising from the tenancy that exist on the day the premises are vacated, and is returned within a month of vacating, after those claims are deducted [3]. On return the amount is indexed and cannot be lower than the deposit collected [3]. We describe the settlement in the article security deposit for room rental in Warsaw.
The most common mistakes with the protocol and how to avoid them
The most common mistake is signing the protocol “in general”, without describing the elements or attaching photos. The second is a lack of copies: the protocol stays only with the landlord, and you have no proof of what it said. The third is overlooking costs: also check rent, utilities and bills, so that you are not surprised by items at settlement.
Checklist before signing
- Does every element of the room have a description, not just “good condition”?
- Are dated photos attached to the protocol?
- Are there meter readings and a number of keys?
- Have both parties signed the document and does each have a copy?
- Have the defects from move-in day been added?
What to do when a dispute arises
Start with a calm exchange of messages: point to the specific item in the protocol and the photo the dispute concerns. If there is no agreement, you can look for help from the city consumer ombudsman or from a lawyer. At that stage the article on renting a room safely is also useful.
Nearby Campus expert tip: As an operator, we recommend asking for the protocol already when the agreement is being signed, not only on move-in day. When you know the document template in advance, you know which elements will be described and you can check them against the listing and photos.
Summary: the protocol as the cheapest protection for your deposit
A well-prepared protocol takes an hour and saves weeks of stress when the deposit is returned. Describe the room element by element, attach photos, record the meters and keys, and report defects right away.
If you are looking for a room with clear settlement rules, check rooms for students in Warsaw in the Nearby Campus offer: agreement in Polish and English, no commission.
FAQ
Is a room handover protocol mandatory?
The Civil Code does not impose an obligation to draw up such a document, but it is widely used as evidence of the condition of the room. For a tenant it is the simplest way to show that the room was in a given condition on move-in day [1].
What should I write in the protocol if the room is already worn?
Describe the wear specifically: which piece of furniture, what marks, in which place, and attach a photo. A tenant is not liable for wear resulting from proper use [1], but it must be documented.
Who draws up the protocol, the tenant or the landlord?
Usually the landlord prepares it and the tenant checks and completes the entries. You can add your own comments before signing. One copy should stay with you.
Can I refuse to sign the protocol?
You can refuse to sign a protocol that does not match the condition of the room and ask for corrections. Signing a false description of the room’s condition makes it harder to pursue claims later.
How quickly must the landlord return the deposit?
Within a month of vacating the premises, after deducting the claims arising from the tenancy [3]. The amount is indexed and cannot be lower than the deposit collected [3].
What is the maximum deposit?
No more than twelve times the monthly rent calculated at the rate from the day the agreement was concluded [3].
What if I notice a defect after moving in?
Report it to the landlord without delay, preferably by e-mail with a photo [5]. The entries from move-in day will help show that it did not arise through your fault.
Do I have to repaint the room when I move out?
Minor expenses related to ordinary use are borne by the tenant [2], but normal wear of the walls is not damage [1]. It is worth specifying the rules on painting in the agreement.
Sources
- Civil Code – art. 675 (return of the leased item). https://lexlege.pl/kc/art-675/ (retrieved 2026-10-08)
- Civil Code – art. 662 (obligations of tenant and landlord). https://lexlege.pl/kc/art-662/ (retrieved 2026-10-08)
- Act of 21 June 2001 on the protection of tenants’ rights, the municipal housing stock and amending the Civil Code – art. 6 (security deposit). https://standardyprawa.pl/akt/148/art/21538 (retrieved 2026-10-08)
- Civil Code – art. 664 (defects of the leased item). https://lexlege.pl/kc/art-664/ (retrieved 2026-10-08)
- Civil Code – art. 666 (manner of using the leased item). https://lexlege.pl/kc/art-666/ (retrieved 2026-10-08)
