How long does the landlord have to return the deposit?

It depends on the contract and local rules; act as soon as possible and keep proof of delivery and the condition of the property.

Can I challenge deductions for cleaning or repairs?

Yes, request receipts and estimates; if the landlord does not provide them you can challenge the deductions.

What steps should I take before going to court?

Gather evidence, send a written claim or burofax and, if there is no response, file the claim with the civil court.

Deadlines and Penalties for Tenants in Spain

Repairs & upkeep (who pays what) 2 min read · published September 11, 2025

As a tenant in Spain, it is important to know the deadlines and possible penalties if the landlord does not deposit or return the security deposit according to the Urban Leases Act and the Civil Code^[1]. This article explains in plain language which deadlines apply, what penalties you can claim and what steps to take to document the case and file a claim before the civil courts if necessary^[2]. You will find practical actions, evidence templates and official resources to protect your rights without prior legal knowledge.

What happens if the landlord does not deposit the security deposit?

The landlord is obliged to comply with the rules on deposits and, if they do not, you can claim the return, interest or repair of damages under the LAU and the Civil Code^[1].

In many cases the tenant can demand the return or claim damages if the deposit is not handled correctly.

Key deadlines

Deadline for return: act as soon as you hand over the keys, usually within 30 days (30 days).
Deadline to claim in writing (burofax): send the claim as soon as possible, preferably within 30 days (days).
Limitation and action periods: check specific deadlines in the LAU and the Civil Code so you do not lose rights.

Respond to notices and meet deadlines so you do not lose the possibility to claim.

Penalties and what you can claim

Full return of the deposit when there are no damages and no legal reason to retain it (deposit).
Late interest or compensation if the deposit is not delivered within the legal timeframe.
Compensation for provable damages and losses with evidence.

How to document and file a claim

Gather contracts, receipts, photos and communications with the landlord as evidence.
Send a written claim or burofax to create a verifiable record.
If there is no agreement, file a claim for payment or a lawsuit in the Juzgado de Primera Instancia.
Consult local guidance services or tenant advocacy before litigating.

Documenting with dates and clear evidence makes resolution or success in court more likely.

Frequently Asked Questions

How long does the landlord have to return the deposit?: It depends on the contract and local rules; act as soon as possible and keep proof of delivery and the condition of the property.
Can I challenge deductions for cleaning or repairs?: Yes, request receipts and estimates; if the landlord does not provide them you can challenge the deductions.
What steps should I take before going to court?: Gather evidence, send a written claim or burofax and, if there is no response, file the claim with the civil court.

How to

Gather all evidence: contract, photos of the property condition, receipts and communications.
Send a formal written claim or burofax and wait a reasonable time for a response.
File a claim for payment in the Juzgado de Primera Instancia if there is no agreement.
Use official resources and seek free guidance from public services.

Key takeaways

Act quickly and respect deadlines to protect your rights.
Document everything with photos and receipts to improve your chances of success.

Help and resources

Categories

Tenancy types (primary home, seasonal, student) Term length and renewals (LAU) Tenant early termination (notice and penalty) Landlord non-renewal (grounds and deadlines) Legal deposit and regional lodging Additional guarantees (surety, rent guarantee) Initial rent, stressed areas & reference index Annual rent updates (caps and indexes) Bills & charges (HOA, property tax, utilities) Repairs & upkeep (who pays what) Works and improvements during tenancy Inventory, condition report & keys Landlord access & viewings Subletting & assignment Pets, noise & neighbour relations Municipal registration (padron) & address Social/affordable housing (VPO/VPP) Rent assistance (Youth bonus & regional) Eviction for arrears or end of term Claims & mediation (consumer offices) Unfair terms & nullity Contract registration & taxes (RLI, ITP) Energy performance certificate (EPC) Tourist lets vs seasonal lets Habitability, damp & unhealthy conditions Accessibility and reasonable adjustments Data protection & tenant documents (GDPR)