Claiming a Retained Deposit: Tenant Rights Spain
As a tenant in Spain, recovering a deposit wrongly retained can seem complicated, but there are clear steps you can take to protect your rights. This guide explains, in plain language, what documentation to collect, which deadlines you must respect and how to communicate with the landlord before going to court. It also covers when it is reasonable to accept deductions and when to request written explanations. If you have no legal experience, you will see practical options: formal claim, mediation and, if necessary, a civil claim before the Court of First Instance. By the end you will have a list of concrete actions to try to recover your deposit without surprises. This article also shows sample letters and which photographic evidence or receipts are most useful.
What you can claim
As a general rule, you can claim the full refund of the deposit if there are no justified damages or outstanding debts. The Urban Leases Act and its interpretation by the courts regulate these rights and the criteria for justified deductions [1]. Before litigating, try to calculate the amounts and ask the landlord for a written explanation of any retention.
Documentation and evidence
Gathering clear evidence improves your chances of success. Document the condition of the property and keep all payment receipts.
- Contract documents and payment receipts (documents, receipt).
- Photos and videos of condition on move-in and move-out (photo, evidence).
- Written communications with the landlord and notifications (contact, notice).
- Invoices or repair estimates where applicable (deposit, payment).
Deadlines and communication
There is no single national deadline to claim the deposit, but it is advisable to act quickly: request the refund in writing and record the date. If there is no agreement, prepare the civil claim before the Court of First Instance [2]. In many cases, courts handle deposit claims as small-claims matters.
Frequently Asked Questions
- Can I claim if the landlord alleges damage?
- Yes, but they must justify damages with evidence and invoices; otherwise you can request the full refund.
- Is mediation mandatory before suing?
- Not always, but mediation can be a quick and less costly route than going to court.
- What does it cost to file a claim to recover the deposit?
- It depends on the amount; in many small-claims cases there are no court fees and procedural costs are moderate.
How to
- Gather all evidence: contract, receipts, photos and communications (documents, evidence).
- Send a formal written claim to the landlord requesting the refund and a deadline for response (contact, notice).
- Wait the reasonable period indicated and calculate any amounts withheld and their reasons (deadline, days).
- If there is no satisfactory response, request mediation or advice to claim the amount (deposit, refund).
- File the claim before the Court of First Instance if there is no agreement (court, lawsuit).
Key takeaways
- Collect evidence and keep everything in writing to support the deposit refund claim.
- Attempt formal communication or mediation to avoid court proceedings.
Help and resources
- Consolidated text of the Urban Leases Act - BOE
- Guide to civil procedures and courts - Poder Judicial
- Information and procedures - Ministry of Justice
