Damage deductions: tenant rights in Spain
If you are worried about damage deductions from a deposit or rent adjustments, this text explains what a landlord can and cannot do in Spain. You will see your rights as a tenant, what evidence to keep, how to request the return of the deposit and what legal timeframes apply. We also guide you on repairs and maintenance, when the owner is responsible, and how to document issues to avoid unjustified deductions. If you receive a notification or a discount you consider unfair, you will find practical steps to claim safely and, if necessary, go to court with guarantees.
What are damage deductions?
Damage deductions are amounts a landlord may apply to the deposit or, in some cases, to the final rent when they find deterioration beyond normal wear and tear. In Spain the Urban Leases Act regulates basic aspects of deposits and liability for damages[1].
- Actual and verifiable damages that exceed normal use of the property.
- Serious lack of cleaning or repairs required due to misuse.
- Unauthorized works or modifications that must be restored.
- Outstanding bills or documented costs that the tenant must pay.
In practice, deductions must be justified and documented.
What evidence to keep
Documentation is key to avoid improper deductions or to challenge them: keep everything that proves the condition of the property and communications with the landlord.
- Photos and videos with dates, and if possible geolocation of the condition on move-in and move-out.
- Signed inventory and delivery record if available.
- Receipts of payments and invoices for repairs paid by you.
- Messages, emails and communications where you request repairs or agree terms.
Keeping chronological documents makes it easier to prove prior condition and communications.
Deadlines and procedures
Deadlines vary: deposit return is usually set in the contract or by agreement, and judicial actions follow the procedural deadlines related to claims for amounts and the Civil Procedure Act[3].
- Claim the landlord in writing within the contractual term or, failing that, as soon as possible.
- Request an estimate or breakdown of repairs and a copy of the inventory if applicable.
- If no agreement, you may claim the amount and, if applicable, file a lawsuit in the Court of First Instance.
Act within deadlines and keep evidence so you do not lose rights.
Claims and court route
If the deduction is unfounded, start with an extrajudicial claim; if unsuccessful, the civil route allows you to claim amounts and costs. Courts apply the relevant civil and procedural rules[2][3].
- Send a written claim detailing damages and attaching evidence.
- Try to reach an agreement or mediation if both parties agree.
- If there is no agreement, file a claim in the Court providing photos, inventory and estimates.
Before suing, assess costs and prospects with clear documents.
Key points
- Only verifiable damages should be deducted, not normal wear and tear.
- Keep photos, inventories and receipts to defend yourself.
- Act within deadlines and claim in writing first.
Frequently asked questions
- Can the landlord withhold the entire deposit for minor damages?
- No, the landlord can only withhold the amount proportional to proven damages and not for normal wear and tear; they must justify the amount.
- What evidence is usually enough to recover the deposit?
- Stamped photos, a signed inventory, payment receipts and communications with the landlord are usually sufficient if consistent and complete.
- How long do I have to claim an improper deduction?
- It depends on the contract and the nature of the claim; for monetary claims the statute of limitations and procedural deadlines should be checked under current law.
How to
- Document the condition with photos and a signed inventory.
- Notify the landlord in writing of any damage and request an estimate.
- If no agreement, request the deposit return in writing and set a reasonable deadline.
- If there is no response, collect all documentation and file a claim in the Court of First Instance.
