Tenants: Claim Wrongfully Retained Deposit in Spain
If you are a tenant in Spain and your security deposit has not been returned, you have options to claim it. This guide plainly explains what it means for a deposit to be wrongfully retained, what evidence to gather (contract, receipts, photos), the legal deadlines to observe and the practical steps to claim from the landlord or, if necessary, take the case to court. You do not need to be a lawyer: here you will find concrete steps, templates and tips to prepare your claim with documentation. Stay calm, document everything and meet deadlines so you do not lose rights. At the end we include frequently asked questions, a step-by-step procedure and official links to consult the law and forms.
What "wrongfully retained deposit" means
The deposit is a guarantee placed at the start of the tenancy to cover reasonable damages or unpaid rent. It is considered wrongfully retained when the landlord does not justify deductions with evidence or keeps the amount beyond legal deadlines without explanation. In case of dispute you can claim in writing and, if there is no agreement, go to the court of first instance.[1]
Before claiming: documents and evidence
Gathering clear evidence makes claiming easier. Keep physical and digital copies and organize everything by date.
- Tenancy contract and annexes (document)
- Rent and deposit payment receipts (receipt)
- Photos and videos of the property condition on move-in and move-out (photo, video)
- Communications with the landlord: burofax, emails or messages (notice)
- Estimates or invoices for repairs retained by the landlord (document)
Deadlines and legal steps
The LAU regulates aspects about deposits and deadlines; if the landlord does not respond within a reasonable time you can start a claim. Before suing, it is recommended to request the return in writing and give a reasonable deadline for response.[1] If there is no reply or the answer is unsatisfactory, you can file a claim in the court of first instance or use the appropriate small claim/monitorio procedure.[2]
How to negotiate before going to court
Trying a quick agreement often saves time and costs. Send a burofax or certified communication detailing the amount claimed and a deadline for return.
- Send a formal burofax with the claimed amount and deadline (notice)
- Offer mediation or a meeting to review damages and invoices (call)
- Attach contract and receipts copies to support the request (document)
Preguntas frecuentes
- How long does the landlord have to return the deposit?
- There is no single deadline in the LAU for all situations, but it is reasonable that the landlord returns the deposit or justifies deductions within a few weeks; if not, you can claim in writing and go to court.[1]
- What can I do if they refuse to return my deposit?
- Gather evidence, send a claim by burofax and, if no agreement, file a claim in the court of first instance or the appropriate monitorio procedure.
How-To
- Gather all documentation: contract, receipts, photos and communications (document)
- Send a formal claim to the landlord by burofax or certified mail requesting the return (notice)
- Wait the deadline indicated in the claim; if there is no response, prepare the lawsuit (days)
- File the claim in the court of first instance or the appropriate procedure and submit evidence (court)
Help and Support / Resources
- Texto consolidado LAU en BOE
- Ministry of Justice - procedures and forms
- Judiciary - information about courts
