Documents to Claim Security Deposit in Spain
If your security deposit was not returned at the end of a rental contract, knowing which documents to gather is key to claiming it in Spain. As a tenant, you will need proof of payment, evidence of the apartment's condition when returning the keys, and any communication with the landlord. This guide clearly explains which papers to present, how to organize evidence (photos, estimates, receipts) and what deadlines and courts to consider if there is no agreement. You will also find practical steps to send an amicable claim and, if necessary, file a lawsuit in the civil court. No legal expertise is required; here you will find plain language and official links to guide you.
What documents you need
Before starting any claim, gather these basic documents. Keeping digital and physical copies will make the process easier.
- Signed rental agreement by both parties.
- Receipts and proofs of payment for the deposit and monthly rent.
- Photos or videos of the property condition at move-in and move-out.
- Written communications with the landlord (emails, messages, certified letters).
- Estimates or invoices for repairs in case of disputed damages.
- Proof of key delivery or a signed inventory, if available.
Deadlines, regulations and where to go
The Urban Leases Act is the main reference for landlord-tenant obligations and disputes regarding deposits in Spain.[1] If the landlord does not reply, you can send a written claim and, if needed, take the case to the Court of First Instance.[2] Keep key dates: contract end, key handover and the deadline you expected the refund so you can demonstrate breach.
Frequently Asked Questions
- When can I claim the return of the deposit?
- You can claim from the key handover if the landlord does not return the deposit or does not provide documentary justification; start with a written claim and, if no agreement, go to court.
- What evidence improves chances of success?
- The rental contract, payment receipts, photos of the property condition, written communications and repair estimates or invoices are the most helpful evidence.
- Do I need a lawyer to file the lawsuit?
- Not always; for small claims many people act on their own, though a lawyer or legal representative can assist in complex cases or if the amount exceeds certain limits.
How to claim the deposit
- Gather all documents: contract, receipts, photos and communications.
- Send a formal claim to the landlord in writing (certified email or certified letter) requesting the refund and giving a deadline.
- If there is no response within the deadline, prepare your documentation with clear dates and copies for the next step.
- File a claim for payment at the Court of First Instance if there is no agreement.
- Consider legal advice or public guidance services if you need help completing forms or preparing the lawsuit.
Key takeaways
- Document everything from the start to prove your claims.
- Begin with an amicable written claim before going to court.
- Respect deadlines and keep dates to avoid losing rights.
Help and resources
- BOE - Consolidated text of the Urban Leases Act
- Ministry of Justice - Procedures and forms
- Poder Judicial - Court information
