Claiming a Withheld Deposit in Spain
If you are a tenant in Spain and believe your security deposit was unfairly withheld, there are clear steps you can follow to recover it. This guide explains in plain language what documents to gather, how to formally claim from the landlord, basic deadlines and when to take the case to court. It also shows which proofs help —receipts, photographs and messages— and where to seek official help. You do not need to be a legal expert: with order and timely actions you can improve your chances of recovering the deposit. If the dispute continues, the usual procedure is processed before the Court of First Instance; check applicable rules and act promptly.
What you can do
Before starting formal procedures, try to resolve it directly and with documentation. Communicate in writing the request for return and ask for an itemized account if the landlord justifies deductions for repairs or damages.
- Request proof of payment and all receipts related to the deposit.
- Send a written demand to the landlord requesting return and setting a reasonable deadline for reply.
- Gather evidence: dated photos of the property, repair estimates and exchanged messages.
- Record dates of delivery, requests and notifications to demonstrate timing and communications.
- If there is no agreement, prepare the claim for the Court of First Instance.[2]
Keep everything in a dated and organized file.
Useful documentation
The best claim contains clear documents that support your request and quantify any alleged damage.
- Lease agreement and proof of deposit payment.
- Receipts and payment vouchers.
- Dated photos of the condition when entering and leaving the property.
- Estimates or invoices for repairs if the landlord alleges damages.
Deadlines and regulations
Check the Ley de Arrendamientos Urbanos and applicable civil rules to know deadlines and requirements; act as soon as possible to avoid losing rights. [1]
Respond to the landlord and keep proof of sending to avoid procedural issues.
Frequently Asked Questions
- How long do I have to claim the deposit?
- It depends on the nature of the claim and the applicable rules; consult the LAU and act as soon as possible. [1]
- Can the landlord deduct for damages without notifying me?
- The landlord must justify any deduction with evidence and an itemized list; they should not retain the deposit without proving the amounts.
- Where do I file the claim if there is no agreement?
- Usually at the Court of First Instance where the property is located or according to procedural competence. [2]
How to
- Gather documentation: contract, receipts, photographs and communications.
- Send a written demand to the landlord requesting the return and set a deadline.
- Wait the indicated period and keep proof of the communications.
- Consider mediation or a formal attempt at conciliation before litigating.
- If there is no solution, file the claim with the documentation at the Court of First Instance. [2]
Help and resources
- Law of Urban Leases (LAU) on BOE
- Ministry of Justice - Information and procedures
- Poder Judicial - Information on courts
