Tenant Deductions for Damage in Spain
If you are a tenant in Spain and your landlord has withheld part of the security deposit for damage, it is normal to have questions about what is appropriate. This guide clearly explains when a deduction is justified, what evidence you need to defend yourself, the legal timeframes and the steps to claim a refund. We will cover maintenance and repairs, the rules under the LAU and the Civil Code, and what to do if the matter goes to court. You will find practical action models, how to document damage and when to request judicial intervention or mediation. The language is simple and aimed at tenants without prior legal experience.
When can the landlord withhold the deposit?
The landlord may only deduct amounts from the deposit to repair damage that goes beyond normal wear and tear. The Ley de Arrendamientos Urbanos covers aspects related to the deposit and guarantee, and its consolidated text can be consulted on the BOE.[1]
Damage vs. normal wear and tear
Normal wear and tear (for example, small marks, worn paint) normally does not justify deductions. Damage must be proven and quantified for the landlord to deduct repair costs.
Steps a tenant can take
- Contact the landlord in writing requesting details and a repair estimate.
- Document the damage with dated photos, videos and any estimates or receipts.
- Request repair estimates and keep receipts if the landlord carries out works.
- Respect response timeframes and keep all communications as evidence.
- If there is no agreement, prepare a claim before the appropriate Court of First Instance.[2]
What to do if the landlord does not return the deposit
If, after the tenancy ends, the landlord does not return the deposit or applies unjustified deductions, ask in writing for justification and, if there is no acceptable response, consider filing a judicial claim or sending a formal burofax to the owner.[2]
Frequently Asked Questions
- Can the landlord deduct the deposit for worn paint?
- No: worn paint from normal use is usually considered wear and tear and does not authorize a deduction.
- What evidence do I need to claim?
- Dated photos, estimates, receipts and written communications with the landlord are the most useful evidence.
- What is the deadline to claim the deposit?
- There is no single deadline in the LAU; claim as soon as possible and, if there is no response, consult the judicial route to file the claim.
How to
- Gather evidence: photos, estimates and receipts.
- Request in writing the landlord's justification and demand a detailed return of the deposit.
- Send a burofax or formal requirement if there is no response.
- If unresolved, file the claim at the Court of First Instance supplying all the evidence.
Key takeaways
- Deductions are only valid for real damage, not ordinary wear and tear.
- Document with photos and receipts before leaving the property.
- Act quickly: claiming early makes resolution easier.
