Rental deposit return deadline in Spain
Under the LAU, unpaid deposit balance accrues legal interest after one month from handing back the keys. Deductions must be itemised and justified in writing.
Quick answer
- Interest: starts after one month from key return if the landlord has not returned the balance.
- Deductions: landlord must provide written itemisation with amounts and justification.
- No justification means no deduction: verbal statements about damage do not count.
- Route: written demand, then certified letter (burofax) if ignored, then small claims court or arbitration.
NAVI
Tell us what happened with the deposit
NAVI will prepare a refund demand.
Claim your rental deposit back
NAVI will prepare a written demand and timeline for recovering your deposit.
Start deposit claimWhat you need to claim your deposit
- Signed lease contract showing the deposit amount paid.
- Proof of deposit payment: bank transfer, receipt or contract clause.
- Key handover proof: signed handover form, email or message.
- Condition photos at move-out. Ideally a joint walkthrough record.
- Correspondence with landlord or agency about the deposit.
What to do first
- Send a written demand after key handover if no deposit is returned.
- State the exact amount, date of handover and your bank account for the transfer.
- Give a 10 working day deadline for response.
- No reply: send a certified letter (burofax) to the landlord registered address.
Documents and evidence
- Rental contract and deposit payment proof.
- Key handover proof, photos, inventory and messages.
- Landlord or agency details and bank records.
Deadlines and risk
- No written key handover proof: landlord can dispute the move-out date.
- No photos at move-out: harder to contest deductions for alleged damage.
- Demand sent only verbally or by text: no formal record of your claim.
- Ignoring deductions without asking for written justification: weakens your position.
- Waiting too long: interest entitlement runs after one month from key return.
Landlord refusing or not responding?
Tell NAVI. Get a certified letter (burofax) or small claims plan with the right evidence.
Escalate deposit disputeRelated pages
Information only, not legal advice. Public authorities, courts, banks and companies make their own decisions.
Protection Plan · subscription
Need everyday protection, not just a one-off check?
Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.
€29.90 / month
VAT included.
Open Protection Plan