Tenant Deposit: Who Pays and Where in Spain
As a tenant in Spain, it is natural to wonder who must pay the deposit and where to deposit it according to the autonomous community. The Urban Leases Act sets general rules, but each region may require a distinct regional deposit or a specific registry. This article explains in practical terms who is responsible for handing over the deposit, how to register or deposit the amount with the corresponding regional body, what deadlines apply for its return and what to do if the landlord does not return it. It includes concrete steps to claim with the community and before the courts, useful documentation and tips to protect your rights as a tenant.
Who must pay the deposit?
Generally, the tenant hands over the deposit when formalizing the rental contract as a guarantee against non-payments or damages. The Urban Leases Act regulates the deposit as a guarantee of the tenant's obligations.[1]
Where to deposit it by autonomous community?
Some communities require the deposit to be placed in a regional registry or a public entity; others allow it to remain with the landlord if there is a receipt. Check your community's rules to know if there is a mandatory deposit or an administrative registry where to record the amount.[2]
- Check the autonomous community website to locate the deposit registry.
- Keep the receipt and proof of deposit issued by the administration.
- Note the deadlines to claim the refund according to regional regulations.
- Contact the regional housing services to resolve doubts.
Documentation when delivering the deposit
- Signed rental contract and receipts of deposit payment.
- Photos or inventory of the property's condition at move-in and move-out.
- Receipts for repairs or expenses that the landlord claims to deduct.
Deadlines and return
There is no single national deadline for returning the deposit; the law establishes its purpose but practices and timelines can vary by community and by what is agreed in the contract. If the landlord intends to withhold amounts, they must justify the deductions with evidence and receipts. If there is no agreement, the tenant may claim through administrative or judicial channels as appropriate.[1]
How to claim if they do not return the deposit
Before going to court, try to claim in writing and with proof (burofax or certified mail). If there is no solution, file a claim at the Court of First Instance or in the equivalent small claims procedure, providing the contract, receipts, photos and communications with the landlord.[3]
Frequently asked questions
- Who must pay the deposit?
- Usually the tenant pays it when signing the contract; it serves as a guarantee against possible non-payments or damages.
- How much is the deposit usually?
- Generally, for housing contracts the deposit is usually equivalent to one month's rent; for contracts of different use higher guarantees may be required.
- What deadline do they have to return it?
- There is no single national deadline; it usually depends on the community and the agreement, so claim in writing and, if necessary, go to court.
How to do it
- Gather the contract, receipts, photos and any written communication with the landlord.
- Attempt formal contact with the owner and send a burofax or certified mail claiming the refund.
- If there is no response, file a written claim in civil court or a claim at the Court of First Instance.
- Attend the hearing or submit evidence if the case goes to trial and follow judicial guidance.
Key takeaways
- Always keep receipts, contract and photos of the property's condition.
- Check the regulations of your autonomous community on deposits and registries.
- Act promptly and claim in writing before going to court.
Help and support / Resources
- BOE — Consolidated text of the Urban Leases Act
- Ministry of Justice — Information and procedural forms
- Poder Judicial — Information on courts and civil procedures
