Deposit Claim Deadlines for Tenants in Spain
As a tenant in Spain, it is important to know the legal deadlines to claim a deposit that the landlord has wrongfully withheld. This guide explains, in plain language, the steps to follow: gather receipts and photos, send a formal claim, and when it is appropriate to go to the Court of First Instance. We also detail what documentation to present, how to calculate interest and what to do if the landlord does not respond. If you prefer an out-of-court solution, we indicate alternatives such as mediation or consumer services. The goal is that any tenant can act confidently, knowing their rights and the maximum times to claim the return of their deposit in Spain.
What are the deadlines to claim?
There is no single deadline set only for the deposit in the Urban Leases Act; claims are based on contractual and civil obligations, so it is advisable to refer to the applicable rules and judicial practice.[1]
- Send an out-of-court claim (burofax or written notice) to the landlord requesting the return, ideally within 30 days.
- If there is no response, consider a judicial claim within the applicable limitation period, normally 5 years according to the Civil Code.[2]
- Act promptly to avoid loss of evidence and witnesses.
Documentation and evidence
Gathering and organizing evidence is key before claiming: contracts, payments and photos form the basis to prove your right to return.
- Lease agreement and deposit annex.
- Receipts and proof of deposit payments and rent receipts.
- Photos of the property condition at move-in and move-out, and communications with the landlord.
- Estimates or invoices if the landlord claims repairs.
Frequently Asked Questions
- How long does it take the landlord to return the deposit?
- There is no single deadline in the LAU for returning the deposit; it should be returned when the contract ends and the condition of the property is checked, and if there is a dispute the appropriate route is out-of-court claim and, if necessary, judicial action.
- Can I claim repair costs wrongfully deducted?
- Yes, if the landlord deducts amounts without justification, you should request estimates or invoices and, if appropriate, claim the refund or challenge the deduction in court.
- Where do I file the claim if the landlord does not return the deposit?
- The claim is filed at the Court of First Instance of the property location or the defendant's domicile, as applicable.[3]
How to file a claim
- Send a formal written claim (burofax or registered letter) to the landlord requesting the return and setting a specific deadline.
- Attach copies of the contract, receipts and photos; keep originals and the delivery receipt.
- If there is no response, file a claim at the appropriate Court of First Instance, providing the collected evidence.[3]
- Consider mediation or consumer claims if you prefer an out-of-court route before litigating.
Help and support / Resources
- Consolidated text: Law 29/1994 (LAU)
- Consolidated text: Civil Code
- Ministry of Justice — Judicial information
