Security deposit held by regional agency — Spain
If you are a tenant in Spain and discover that your rental deposit is held by a regional agency, it is natural to have questions about how to claim it. This article explains, in a clear and practical way, what that deposit means, which deadlines apply and what steps to follow to request reimbursement. It includes concrete actions: how to request a deposit certificate, what evidence to gather and when to file an administrative claim or a civil lawsuit. It also indicates which official resources to consult and how to prepare documentation for the Court of First Instance if necessary. The guide is aimed at tenants without legal knowledge who need to recover their money safely and within the law.
What does it mean that the deposit is held by a regional agency?
In several autonomous communities, the deposit is registered and held in a regional registry or fund in accordance with applicable regulations. The Ley de Arrendamientos Urbanos sets basic rights regarding the deposit, but communities regulate the specific deposit and management.[1] The agency acts as the custodian and usually issues a certificate confirming the deposit and the date of payment.
How to verify where your deposit is
- Request a deposit certificate from the agency.
- Review the lease and payment receipts.
- Contact the landlord and the agency to confirm the account and payment date.
Deadlines and claims
Each community sets deadlines and procedures for processing deposit claims. If the agency or landlord does not return the deposit, first file a written claim and keep proof of mailing. If there is no favorable resolution, the next route is judicial before the Court of First Instance.[2]
- Keep the lease, receipts and photos as evidence.
- Send a written administrative claim to the agency and the landlord, with copies to the competent administration.
Frequently Asked Questions
- Who administers the deposit?
- Autonomous communities or their designated agencies receive and hold deposits according to regional regulations and the LAU.[1]
- How long does the agency take to respond to a claim?
- Deadlines vary by community; file in writing and keep acknowledgments to prove timing.
- What can I do if they do not return the deposit?
- File an administrative claim and, if necessary, a claim in the Court of First Instance.[2]
How to do it
- Request an official deposit certificate from the regional agency.
- Gather the lease, receipts, photos and communications that prove payment and the condition of the property.
- Send a written administrative claim to the agency and the landlord demanding reimbursement.
- If there is no response, take the case to the Court of First Instance to claim judicially.
- If appropriate, negotiate an agreement to avoid trial and document the payment immediately.
Help and Resources
- BOE - Consolidated text of the Ley de Arrendamientos Urbanos
- Ministry of Justice - Procedures and guidance
- Poder Judicial - Information on civil procedures
