Documents for Tenant Deadlines and Penalties in Spain
As a tenant in Spain, it is essential to gather and keep documents that prove deadlines, payments and communications with the landlord. Knowing which papers to request, how to present evidence and when deadlines apply can prevent penalties for not depositing security deposits or for failures in repairs. This article explains in practical terms which documents to keep —contract, rent receipts, written communications and repair evidence— and how to use them if you face a claim or judicial procedure. It also lists key deadlines and steps to claim against the landlord or the Court of First Instance, with links to applicable regulations in Spain.
What documents you need and why
Keeping clear and organized documents makes it easier to prove payments, communications and requests for repairs. The Urban Leases Act and court practice determine many deadlines and effects, so it is useful to identify each paper and the date it was created.[1]
- Lease contract and annexes (deposit) — signed copy and any dated annexes.
- Rent receipts and payment proofs (rent) — bank transfers, receipts and statements.
- Proof of security deposit payment or incidents about the deposit (deposit) — if the landlord does not deposit the deposit, keep communications.
- Written communications with the landlord (form) — certified mail, emails and messages with dates.
- Estimates, invoices and photos of repairs (repair) — before and after the work, with dates and companies.
- Additional evidence documents (evidence) — reports, witnesses, and records of visits or incidents.
Keeping a chronological file makes it easier to demonstrate compliance and spot expiring deadlines.
Common deadlines and penalties
Deadlines vary depending on the claim: deposit return, deductions, demand for repairs or claims for amounts. Knowing deadlines prevents administrative sanctions or harm in civil proceedings. If the landlord does not deposit the security deposit or acts out of time, there may be legal consequences for the landlord.
- Deadline to claim deposit return after handing over keys (days) — usually specified in the contract or by court practice.
- Deadline to demand urgent repairs (days) — notify in writing and keep proof.
- Prescription period for claims for amounts (days) — depends on the type of action and applicable rules.
- Deadline to respond to judicial requirements or file a defense (court) — respond within the time indicated to avoid losing rights.
Responding within deadlines prevents losing rights and facilitates a favorable resolution.
How to gather and present evidence
Organize documentation chronologically and keep digital and physical copies. When you send a claim, always attach the letter or certified mail with copies of relevant documents so there is a record.
- Scan and save receipts and contracts (document) — preserve file metadata if possible.
- Send communications by means that leave proof (form) — certified mail, registered or email with delivery receipt.
- Document defects with dated photos and estimates (repair) — always request a written estimate.
- If there is no agreement, prepare the documentation to file the claim in the Court of First Instance (court), preferably with advice.
Having digital versions and physical copies speeds up procedures and prevents loss of evidence.
Frequently Asked Questions
- What happens if the landlord does not deposit the security deposit?
- The tenant can claim and there are judicial mechanisms to demand return or deposit; document all communications and payments.[1]
- How long should I keep payment receipts?
- Keep receipts at least while a claim for amounts or deposit may exist; keeping evidence for several years is usually prudent.
- Where do I file a claim if there is no agreement?
- If there is no agreement, you can file a claim in the Court of First Instance that corresponds; check the court website for requirements and deadlines.[2]
How-To
- Gather contract, receipts, photos and communications (document) and order them chronologically.
- Send a written claim to the landlord with copies of evidence (form) and request a response in a reasonable time.
- If there is no response or the claim is rejected, prepare the documentation to file the claim in the court (court), ideally with legal advice.
Key takeaways
- Keep contract, receipts and communications in digital and physical copies to prove dates and payments.
- Document repairs with photos and invoices before accepting deductions.
- Act within deadlines and respond to notifications to protect your rights.
Help and Support / Resources
- Ley 29/1994, de Arrendamientos Urbanos (BOE)
- Boletín Oficial del Estado (BOE)
- Ministry of Justice - e‑services
