Tenant security deposit in Spain: where to lodge

Understanding where and how to lodge the security deposit is essential for any tenant in Spain. Many renters do not know whether they should give the deposit to the landlord, register it with an autonomous community body, or demand an official receipt. This article explains, in clear language, the options according to the autonomous community, the steps to request the refund and what documentation to keep to defend your tenant rights. We also describe common deadlines, official resources and how to act if there are improper withholdings. If you have doubts about deposits in your region, follow the instructions and use links to official sources to check specific requirements. We also indicate what evidence to gather and how to file claims with the landlord or, if appropriate, with the court.

What is the deposit and who must lodge it?

The security deposit is a financial guarantee that ensures compliance with the rental contract. In practice, it may be given to the landlord or may be required to be lodged with an autonomous community body depending on regional rules and contractual agreements.^[1] Always keep the receipt that proves the payment.

Deposit by autonomous community

Some autonomous communities have registers or administrative funds where the deposit must be registered; others allow the landlord to retain it, always with justification. Differences usually affect deadlines, registration requirements and procedures to claim deductions for damages. Before signing, check regional rules or ask the landlord for the deposit receipt.

What documentation to keep

• Rental contract and deposit payment receipts.
• Photos of the initial and final condition of the property.
• Written communications with the landlord about the refund.

How to claim the refund

1. Request the refund in writing from the landlord, providing the contract and receipts.
2. If there is no response, send a burofax or certified communication setting a deadline to resolve the matter.
3. Gather evidence: photos, witnesses and repair quotes if deductions are claimed.
4. If the dispute continues, file a claim at the relevant court of first instance.

Frequently asked questions

Where should I lodge the deposit?

It depends on the autonomous community and the agreement with the landlord; in some cases it must be registered with an autonomous body and in others the landlord retains it with a receipt.

What deadline does the landlord have to return it?

There is no single national deadline applicable to all cases; in practice it is usually returned within a short period after handing over the keys, unless justified deductions apply.

What do I do if they do not return my deposit?

Gather evidence, request the refund in writing and if there is no response, file a claim in the court of first instance or use mediation channels if available.

How-To

1. Collect the contract, receipts and proof of the property condition.
2. Request the refund in writing and set a reasonable deadline.
3. Request mediation or consumer assistance if available and applicable in your community.
4. If extrajudicial routes fail, file a claim at the court of first instance

Key takeaways

• Always keep the payment receipt and the contract.
• Check whether your autonomous community requires a formal deposit registration.
• Act in writing before going to court to preserve evidence.

Help and Support / Resources

• BOE - Official legislation and texts
• Ministry of Justice - Information for citizens
• Poder Judicial - Court information

1. [1] BOE - Consolidated text of the Law on Urban Leases
2. [2] Ministry of Justice - Information for citizens