Coliving deposits and contracts for tenants in Spain
As a tenant in Spain, understanding how the security deposit and regional guarantees work in shared housing or coliving is essential to protect your rights and your money. This guide explains in clear language what a coliving contract may include, when and how to claim the return of the security deposit or regional guarantee, which deadlines apply, and what documentation to gather to file an effective claim with the landlord or, if necessary, with the Court. You will find practical steps, examples of clauses to review and guidance on notices and recommended actions to avoid disputes and resolve them with the best possible evidence.
How do security deposits and guarantees work in coliving?
The security deposit is a common guarantee when starting a tenancy and is usually regulated by the Ley de Arrendamientos Urbanos for main residence contracts in Spain.[1] In coliving, state deposit and additional regional measures can combine; some contracts include extra deposits for expenses or damages, which must be detailed in writing and justified when returned.
Common clauses in coliving contracts
- Security deposit or depósito (deposit): amount, purpose and deadline for return.
- Duration and renewal of the contract: terms, automatic renewals and conditions to avoid surprises.
- Maintenance and repairs (repair): who pays what and how to request fixes.
- Access and privacy: rules about inspections, keys and entry to the property.
- House rules and sanctions: what can be deducted from the deposit for damages.
If the landlord does not return the deposit within the agreed time, request the return in writing and an itemized breakdown of deductions; if there is no reply, prepare a claim with evidence: photos, communications and receipts.
Preguntas frecuentes
- How long does the landlord have to return the deposit?
- Generally, the return should be made when the contract ends and the property condition is verified; the deadline is not uniquely fixed in the LAU, so check the contract and the applicable regional rules.
- Can the landlord withhold part of the deposit for damages?
- Yes, provided there are justified and proportionate damages; the landlord must present an estimate or invoice and the tenant can object if deductions are unfair.
- What is a regional guarantee (depósito autonómico)?
- Some autonomous communities require or manage additional guaranteed deposits for rentals; these schemes vary by region and complement the state deposit.
- Where do I file a claim if they do not return my deposit?
- First file a written claim with the landlord; if unresolved, you can bring a civil claim before the competent Court of First Instance or use mediation channels offered by your community.
How to claim the deposit
- Request the return in writing for the deposit (deposit) stating amount and a reasonable deadline, and keep a copy.
- If there is no response within the deadline, send a burofax or registered letter to provide proof of your claim.
- Gather evidence: photos of the condition, payment receipts, inventory and communications with the landlord (evidence).
- If there is no agreement, file a claim at the competent Court of First Instance (court) providing all documentation.
- For small claims, consider a monetary claim if the amount is below the procedural threshold; seek legal advice or free guidance services if appropriate.
Help and Support / Resources
- Ley de Arrendamientos Urbanos (LAU) - BOE
- Ministry of Justice - Information and procedures
- Poder Judicial - Court guidance
