Letting Agent Deducted Fees From Your Deposit With No Evidence — How to Challenge It

You rented a flat in Poland, moved out on time, and the property manager (or the landlord acting as manager) deducted money from your deposit for "management fees", "outstanding rent" or "repairs to common areas". The problem: there are no receipts, no justification, no evidence. The money simply vanished from your deposit. This guide explains what protects a tenant, how to demand documentation, and when the matter should go to a specialist.

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances — the tenancy agreement, the evidence and the facts of the case. Where advice or representation is needed, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

What the law says — the basic rule

The deposit is security held by the landlord. The landlord (whether that's the owner directly, or a managing agent acting on their behalf) may deduct from it:

outstanding rent and charges due under the tenancy agreement,
the cost of repairing damage that goes beyond normal wear and tear.

The key word is: documented. Polish law requires evidence.

Every deduction must have: - a clear basis — exactly what was deducted, and for what, - supporting documents — an invoice, a receipt, a confirmation from the repair contractor, evidence of unpaid rent, - a reasonable amount — the deduction must be proportionate to the actual cost incurred.

Without documents, a deduction is unjustified — even if the landlord insists they had good reason.

Different types of charges — what can and can't be deducted

Charge	Can it be deducted?	Evidence required
Outstanding rent	Yes — if the tenant genuinely didn't pay	Copy of the agreement, balance calculation
Utility bills (water, gas, electricity)	Yes — if genuinely unpaid	Utility bill/contract, confirmation of the arrears
Management fees (if stated in the contract)	Yes — but only if the contract explicitly provides for it	The tenancy agreement, fee schedule, invoices
Repairing damage	Yes — but only for damage "beyond normal wear and tear"	Contractor invoices, photos, a tradesperson's report
Cleaning on move-out	Yes — but only if the flat was left genuinely dirty	Invoice from a cleaning company
"Wear and tear" charge on furniture/appliances	No — that is normal wear and tear	—
Administrative fee for handling the deposit	Usually no — that is the landlord's own overhead ⚠️	Tenancy agreement

⚠️ Some tenancy agreements try to sneak in "administrative" or "handling" fees. These can be treated as an unfair contract term, particularly where the tenant is a consumer. This needs checking by a lawyer.

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What to do when the manager hasn't produced any evidence

Step 1: Demand the supporting documents in writing

Send the landlord/property manager a written letter (recorded delivery post, or email with read receipt):

I request that you demonstrate, with supporting documents, the basis on which you deducted [amount] from my deposit. In particular, please provide:

— invoices for any repairs/services claimed, — confirmations from the contractors involved, — a calculation of any outstanding rent/charges, — a copy of the clause in the tenancy agreement covering management fees, — any other documents evidencing that the deductions were genuine.

Please respond within 14 days.

Step 2: Assess the response

The landlord may:

Provide documents — you can then examine them: are the invoices credible, does the amount add up, do the deductions fall within what's legally allowed?
Refuse or fail to respond — this is strong evidence that the deductions were unjustified.
Provide documents of doubtful credibility — e.g. an invoice with no company details, a report dated after you'd already moved out, no signature.

Step 3: Build your case

If the documents don't stack up, they may be:

Fake or fabricated — e.g. an invoice with no registered business details,
Undated — so there's no way to know when they were actually created,
Unrelated to your tenancy — e.g. an invoice for a repair from before your tenancy started,
Inflated — e.g. charging 500 PLN for fixing one door latch, when the real cost is 50 PLN,
Impermissible charges — e.g. a fee for "equipment wear" or "depreciation".

The most common tricks used by property managers (with no evidence)

Trick	What happens	How to respond
"We'll get the repair done, then send you the invoice" — the invoice never arrives	Deduction with no evidence	Demand the invoice within 30 days; without it, dispute the deduction
"There were cleaning charges" — but you left the flat clean	Unjustified charge	Ask for the invoice and photos — if the flat was clean, there was no need for cleaning
"Part of it is management fees" — no breakdown, the full amount taken from the deposit	Unjustified charge	The agreement should specify the amount and timing; if it doesn't, the deduction is suspect
"It's an amortisation/wear charge"	Not recognised in law	Refuse it — this is normal wear and tear

Getting your deposit back — the out-of-court route

Send a letter before action: - "We require repayment of the deposit in the amount of [sum] within 14 days, as the deductions were not evidenced" or "the documents provided are not credible." - Attach copies of your own evidence (emails, the tenancy agreement, photos of the flat's condition, etc.).
Wait for a response — the landlord has 14 days to repay or provide a substantive explanation.
If they don't repay — prepare your file for court: - all emails and messages, - a copy of the tenancy agreement, - photos of the flat's condition, - proof the keys were handed back, - a record of the letters sent, - proof the deposit was paid in the first place.

When should the matter go to a lawyer?

A consultation with a specialist is worthwhile when:

the deducted amount is substantial (e.g. over 500 PLN) — it may be worth issuing a claim,
the landlord/manager produces no evidence at all and doesn't respond,
the documents provided look suspicious (no company details, odd prices, no signatures),
the tenancy agreement contains clauses on unfair fees — these may be void, particularly for consumers,
the tenancy is covered by the Polish statute protecting tenants' rights (ustawa o ochronie praw lokatorów — this typically applies to residential lets).

When might a claim not make economic sense?

Before issuing a claim, work out:

the amount in dispute (how much of the deduction you're actually challenging),
the cost of the claim (court fee, and any legal costs),
the time it will take (usually several months).

Example: if the deposit is only 500 PLN and the court fee alone is around 150 PLN, you need to be confident your evidence is strong. Ask for a free initial consultation with a lawyer before issuing a claim.

The most common mistakes tenants make

Not gathering evidence straight away — emails, messages, photos. Waiting for years makes it much harder to prove anything.
Not putting the demand in writing — a verbal request isn't enough. Always send a letter by recorded post or an email with a read receipt.
Accepting the manager's "reassurances" — "it's all fine, trust me" — when there's no documentation, you shouldn't take their word for it.
Writing the deposit off as a loss — "they're never going to give it back, why bother" — but the law is on your side if the deductions were unjustified.

Frequently Asked Questions

Can I claim my deposit back if there are no receipts? Yes. The law requires the landlord to produce documents evidencing the deductions. Without them, a deduction may be unjustified, and you can claim back the full deposit.

How long does the manager have to provide the documents? Polish law doesn't set a fixed deadline, but it should be provided promptly — as a rule of thumb, allow 7–14 days after your request. If nothing arrives, that supports an argument that the deductions were unjustified.

What if the manager claims the documents have "gone missing"? That's their problem, not yours. If they made the deduction, the burden is on them to justify it. A lack of evidence on their side works in your favour.

Can a management fee be deducted from the deposit? Only if the tenancy agreement expressly says so and the amount is proportionate. Not if the agreement makes no provision for it, or the amount charged isn't justified.

How much can I expect to get back? That depends entirely on how much was deducted without justification. You can claim back the full amount if none of the deductions were properly evidenced.

Verified against the source Polish article: 2026-07-13.