Security Deposit in Multiple-Tenant Contracts in Spain

If you live in a rented home with other roommates, it is natural to wonder who must pay and be responsible for the security deposit. In Spain the deposit is regulated and has specific rules about the deposit, liability and return. This article clearly explains what the main regulations say, how to divide responsibilities among several tenants, which deadlines apply and what steps to follow if the landlord does not return the deposit or makes unjustified deductions. It is aimed at tenants seeking practical information and concrete steps to claim, with examples and options for administrative or judicial claims. Read carefully and keep evidence.

What the law says

The security deposit for residential rentals usually corresponds to one months rent and is regulated by the Ley de Arrendamientos Urbanos ^[1]. The landlord may withhold amounts for unpaid rent or reasonable damages; they must justify deductions and return the remainder within the legal deadline.

Liability among tenants

When several people sign the contract, they normally bear joint liability towards the landlord. This means the landlord can claim the deposit or amounts from any of the signatories; afterwards those tenants must agree among themselves on the distribution or claim compensation.

How to claim the deposit

If you believe the withholding is unfair, follow these steps:

• Gather documentation: photos, inventory, receipts and communications.
• Request the return in writing and ask for a detailed explanation of deductions.
• Give a reasonable deadline for a response (for example, 15-30 days).
• If there is no solution, file a claim at the Juzgado de Primera Instancia or pursue an extrajudicial route ^[2].

Frequently Asked Questions

Can the landlord request a deposit from each tenant separately?

The landlord may require a deposit as stated in the contract, but liability is usually joint among the signatories; internal distribution depends on what tenants agreed.

How long does the landlord have to return the deposit?

The rules establish a deadline for returning it after the contract ends; if in doubt, consult the LAU to calculate exact dates.

What can I do if the landlord withholds my deposit unfairly?

Gather evidence, request written justifications and, if there is no agreement, file a claim through administrative or judicial channels.

How to claim the deposit

1. Gather evidence and contracts.
2. Send a formal written request and keep proof of receipt.
3. Wait the indicated period and negotiate an agreement.
4. File a claim at the Juzgado de Primera Instancia if there is no solution.

Key takeaways

• The deposit is regulated and is commonly required at the start of the tenancy.
• In contracts with multiple tenants, liability is often joint.
• Document everything and act in writing before going to court.

Help and support / Resources

• BOE: Legislation on tenancies
• Ministry of Justice: Procedures and inquiries
• Poder Judicial: information on courts

1. [1] BOE: Consolidated text of the Ley de Arrendamientos Urbanos
2. [2] Ministry of Justice: General information