Security deposit return times for tenants in Spain
As a tenant in Spain, understanding the timelines for security deposit returns is key to protecting your money and your rights. The law sets rules on when the deposit must be returned and what deductions a landlord can make for damages or unpaid rent. In this article we explain in plain language which timelines typically apply, how to document the condition of the property when leaving, when to claim the withheld amount, and which courts or administrative remedies you can use. We also include practical steps to request the deposit, claim templates, and tips to avoid conflicts with the landlord. This guide is designed to help you act confidently and avoid common mistakes.
Timelines and basic rules
There is no single uniform period that covers all situations: the Urban Leases Act regulates basic aspects, but practice and regional regulations may affect timing and procedures.[1] In many contracts and jurisdictions the landlord has a reasonable period after key handover to inspect the property and calculate deductions; sometimes up to one month is used as a practical reference.
What can the landlord deduct?
Deductions must be justified and proportionate: costs for repairs caused by the tenant, extraordinary cleaning, or unpaid rent. Normal wear and tear cannot be charged.
- Damages that exceed normal wear and tear.
- Unpaid rent or utilities supported by inventory and receipts.
- Extra cleaning costs when properly justified.
How to document the handover and claim
Take dated photos and videos, keep payment receipts and request a signed handover report from both parties. If there is no agreement, send a written request for the return specifying the amount and a reasonable deadline.
If the landlord does not reply or unjustifiably refuses to return the deposit, you can file an extrajudicial claim or start a claim at the Court of First Instance.[2]
Frequently Asked Questions
- How long does the landlord have to return the deposit?
- There is no single nationwide mandatory period; it is usually returned after key handover or within the timeframe set by the contract or regional rules, commonly one month.
- Can the landlord withhold the deposit for repairs?
- Only for damages that exceed normal wear and always with supporting invoices or estimates proving the cost.
- What if they do not return my deposit?
- Send a written claim, keep evidence and, if unresolved, file a claim at the Court of First Instance or use mediation mechanisms if available in your region.
How-To
- Gather evidence: photos, videos, receipts, and the lease agreement.
- Request the return in writing specifying amount and reasonable deadline.
- If deductions occur, ask for invoices or estimates that justify the amounts.
- Send a recorded delivery or certified letter if there is no response.
- Proceed to court if amicable resolution fails.
Key takeaways
- Document the property condition when you move in and out with photos and witnesses.
- Request the deposit in writing and keep all correspondence.
- Use judicial or administrative remedies if no agreement is reached.
Help and Support
- BOE - Consolidated text of Law 29/1994, Urban Leases
- Ministry of Justice - Information and procedures
- General Council of the Judiciary - Court guidance
