Security deposit for multiple tenants in Spain
If you share a lease with multiple tenants in Spain and there are doubts about the security deposit, it is essential to know who is liable, how it is divided and what deadlines apply for its return. Many tenants confuse the deposit with an individual payment when legally it may be joint; questions also arise about withholdings for damages, inventories and court claims. This guide explains clearly and practically the rights and steps to claim the deposit, what documentation to keep and when to go to court if the landlord does not comply. It is aimed at tenants without legal training and offers concrete actions you can take today to protect your deposit and your interests.
Who is liable for the deposit
In many contracts signed by several tenants the obligation of the deposit is joint and several, which means the landlord can claim the full amount from any of the signatories. If the contract does not specify division, everyone is equally liable to the landlord. Check the applicable rules to confirm limits and conditions.[1]
Return and division among tenants
At the end of the lease, the landlord must return the deposit within the agreed deadline or, if none was agreed, within the timeframes set by applicable law. If several tenants claim, it is advisable to agree the division in writing or keep correspondence and receipts proving individual contributions.
- Negotiate a written agreement on how to divide the deposit before the landlord returns it.
- Keep receipts and proofs of who contributed which amount to the deposit.
- Make an inventory and take photos of the property condition when handing over the keys to avoid unjustified withholdings for damages.
Withholdings for damages and repairs
The landlord can deduct reasonable amounts from the deposit to repair tenant-caused damages. To do so, they must justify the cost with estimates or invoices. If multiple tenants dispute the amount, request a written breakdown and keep copies.
- Request estimates or invoices that justify any deduction from the deposit.
- Claim the full return in writing and ask for a detailed explanation of deductions.
- Respect legal deadlines to file claims before going to court.
If the landlord does not return the deposit
First try an extrajudicial claim: burofax or certified mail with acknowledgment and copies of the inventory and receipts. If there is no response, the judicial route is the Court of First Instance by filing a claim for payment or eviction procedure when appropriate.[2]
Useful documentation
- Lease agreement and receipts proving deposit payments.
- Photographic inventory of the property and date of key handover.
- Written communication to the landlord (burofax, email with acknowledgment) claiming the deposit.
Frequently asked questions
- Can the landlord withhold the entire deposit if there are multiple tenants?
- The landlord can claim the total amount if there is joint liability; tenants can later claim division internally according to contributions and agreements.
- What deadline does the landlord have to return the deposit?
- The deadline depends on regional regulations and the contract; review the lease and applicable state or regional rules.
- What if I disagree with the deductions?
- Request written proof and, if there is no agreement, file a judicial claim for the withheld amount.
How to
- Send a written claim to the landlord requesting the return and asking for an itemized list of deductions.
- Attach evidence: lease, receipts, photos of the inventory and prior communications.
- Try mediation among tenants to agree on division and avoid court actions.
- If there is no response, send a burofax or certified letter with acknowledgment claiming the deposit.
- File a claim in the Court of First Instance if the refusal continues and provide all evidence.
- If you win, request enforcement of the judgment to recover the awarded amount.
Key takeaways
- Document condition and payments from key handover to protect your rights.
- Always try a written claim before going to court.
- The judicial route is effective but requires evidence and observance of deadlines.
Help and resources
- BOE: Law of Urban Leases and official texts
- Ministry of Justice: procedures and guidance
- Judicial Branch: court information
