Damage Withholdings: Steps for Tenants in Spain
As a tenant in Spain, facing a damage withholding from the deposit can be confusing and stressful. This guide explains clearly when a landlord can deduct money, what documentation you will need, legal timeframes and options to challenge unjustified deductions with the landlord or the Court of First Instance. You will find practical steps to record the property condition, request repairs and claim refunds, as well as tips to avoid disputes when ending the lease. If you are not a legal expert, here is plain language and concrete actions to protect your rights as a tenant. We also explain how to document damages with dated photos and estimates and when to seek free advice or the local consumer service.
What is a damage withholding?
A damage withholding is when the landlord deducts from the deposit the cost of repairing damages attributable to the tenant. The deduction must be proportional, supported by invoices or estimates and distinguished from normal wear in accordance with applicable law.[1]
When can the deposit be deducted?
Only damages that exceed normal wear justify deductions and always with proof: dated photos, estimates or invoices. If there is a dispute over the amount, the usual route is prior negotiation and, if unsuccessful, a claim before the Court of First Instance or consumer procedures as appropriate.[2]
Recommended documentation
- (evidence) Dated photos of the property condition at move-in and move-out.
- (receipt) Estimates and invoices for proposed or completed repairs.
- (record) Signed inventory and proof of key handover.
- (notice) Written communications with the landlord (email, certified mail, or burofax).
How to negotiate deductions and what to avoid
When you receive a proposed deduction, always request a detailed estimate and a copy of the invoice. Offer to negotiate a written agreement specifying works, timelines and the amount to be withheld from the deposit. Avoid accepting verbal discounts without written proof.
Frequently asked questions
- Can the landlord deduct for normal wear?
- No, ordinary wear and tear usually does not justify a withholding; deductions must correspond to exceptional damages or necessary repairs.
- Is there a legal deadline to return the deposit?
- There is no single statutory deadline applicable in all cases; check the contract and local practice and claim in writing if the return is delayed.
- What can I do if I disagree with the withholding?
- Document, complain in writing to the landlord and, if there is no agreement, consider filing a complaint with consumer services or a claim in the Court of First Instance.
How to (step by step)
- (file) Draft and send a written complaint to the landlord detailing the deposit and the discrepancy.
- (evidence) Gather dated photos, inventory, estimates and any receipts proving prior condition and repair costs.
- (payment) Request invoices or proofs of payment for repairs the landlord claims to have paid.
- (contact) Try mediation or contact the local consumer service for an out-of-court settlement.
- (court) If there is no agreement, file a claim in the Court of First Instance providing all documentation.
Key takeaways
- Always document the property condition with photos and records.
- Request estimates and invoices before accepting deductions.
- Seek advice or mediation if you cannot reach an agreement with the landlord.
Help and resources
- BOE: Consolidated text of the Urban Lease Law
- BOE: Civil Procedure Law
- Ministry of Justice: Information on civil procedures
