Who Pays the Security Deposit to Regional Body in Spain
If you are a tenant or renter in Spain and have doubts about who pays the security deposit when the deposit is held by the regional body, this guide explains step by step your rights and obligations. We will see how to identify the person responsible for payment or return, what deadlines and documentation are required, and what options exist if the landlord does not respond. We also describe the administrative procedures to claim the deposit, when to go to court and which evidence works best. The language is clear and practical to help you defend your rights without being a legal expert.
Who pays the deposit?
Responsibility may depend on the contract and regional rules. Generally the tenant hands over the deposit, but the landlord is usually obliged to register or deposit it when required by the autonomous community.
- The tenant usually gives the deposit to the landlord or to the regional body according to the rules and the contract.
- The landlord is responsible for registering or depositing the security deposit when required by the autonomous community.
- If the deposit was not made, the tenant can claim its return or seek liability.
Deadlines and documentation
Keeping proof and knowing deadlines is key to a successful claim.
- Request the refund in writing and keep a copy as proof.
- Gather the contract, deposit receipts and photos of the property condition when returning the keys.
- Observe prescription deadlines and response times of the regional body.
What to do if the landlord does not respond
If the landlord does not return the deposit or did not file it with the regional body, follow practical steps before going to court to save time and costs.
- Send a formal written demand requesting the deposit and give a deadline for its return.
- Keep a record of payments, communications and evidence of the property condition.
- If there is no solution, prepare the claim for the Court of First Instance with the necessary documentation.[2]
Frequently Asked Questions
- Which law regulates the rental deposit?
- Law 29/1994, on Urban Leases (LAU), regulates aspects of the deposit in lease contracts.[1]
- How long does it take to get the deposit back?
- There is no single deadline: it depends on the agreement, deductions for damages and the procedures of the regional body.
- Can I claim if the regional body does not respond?
- Yes; first claim in writing and, if there is no response, you can bring the case to civil court.
How to
- Gather the contract, receipts, photos and any communications about the deposit.
- Send a written claim to the landlord and the regional body and keep proof of receipt.
- If there is no solution, file a claim with the Court of First Instance providing all documentation.
Help and Resources
- Consolidated LAU text on BOE
- Ministry of Justice - forms and procedures
- Information on courts and procedures
