Deposit registered with regional body: tenants Spain
Is it legal to register the security deposit with a regional body?
The Urban Leases Act and administrative practice allow in some autonomous communities that the deposit or guarantee is managed through a regional registry or body, but the return obligations and conditions depend on the regional framework and the rental contract. Check the applicable rules and keep all documentation so you can claim in case of a dispute.[1]
What rights does the tenant have
As a tenant you retain basic rights: to recover the deposit if there are no debts or damages, to receive an itemised list of any deductions, and to claim when you believe deductions are unjustified.
- The landlord must return the deposit at the end of the contract except for justified deductions.
- If the amount is held by a regional body, check the specific deadlines and procedures of your autonomous community to request the return.
- The deposit can be used to cover proven damages or unpaid rent, but every deduction must be supported by evidence.
- If there is no agreement, the tenant can go to the Court of First Instance to claim judicially.
Documentation and evidence
Keep receipts, the signed contract, payment proofs and photos of the property condition at move-in and move-out. Solid documentation makes it easier to claim before the regional body or in court.
- Rent and deposit payment receipts.
- Photos and videos of the property condition at the start and end of the tenancy.
- Written communications with the landlord (letters, messages, e-mails) that prove prior claims.
How to claim if the deposit is withheld
First file a written claim with the responsible regional body and with the landlord; if you do not get a response or the response is negative, follow the administrative or judicial procedures indicated by your autonomous community.[2] In cases of non-payment or wrongful withholding, you may need to go to the Court of First Instance.[3]
Frequently asked questions
- What is a regional deposit registry or body?
- It is a registry or entity run by the autonomous community to hold or regulate rental deposits according to its rules.
- Can I claim if they do not return my deposit?
- Yes; first claim in writing to the landlord and the body; if you do not obtain a solution, you can start an administrative claim or civil lawsuit in the Court of First Instance.
- How long does the landlord have to return the deposit?
- There is no single national deadline for all communities; check the regional rules and the contract clause to know the applicable deadline.[1]
How to do it
- Gather the contract, receipts, photos and any communication with the landlord.
- Submit a formal claim to the regional body and request in writing the status of the deposit.
- Request information and advice from consumer services or tenant advice offices in your community.
- If there is no agreement, file a claim in the Court of First Instance with all documentation.
Help and resources
- BOE: consolidated text of the LAU
- Ministry of Justice: information and procedures
- Poder Judicial: guides and judicial resources
