Deposit not returned.
Here is what to do.
Getting a deposit taken in Spain is easy. Getting it back is a completely different story. This page cuts through the noise: when withholding is actually legal, what to do first, and how to send a written claim that actually works.
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The same pattern — whatever type of rental
Whether you rented a flat for a year, a holiday apartment through Airbnb, or a place through an agency — the story is usually the same. Taking the deposit is quick and easy. Getting it back is a whole different situation.
They stall
"We'll sort it in a few days" turns into weeks. Then a month. Then silence.
They invent reasons
Damage that was never mentioned at check-out suddenly appears. No photos, no record, no breakdown.
They stop replying
They wait for you to give up. That is the whole strategy — keep everything verbal, make you tired.
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RightNOW Action Plan for recovering your rental deposit: we review the situation, gather documents, prepare the order of actions and guide you step by step.
Get the Action Plan for €59 →When they can keep the deposit — and when they cannot
A deposit cannot be kept just because the landlord feels like it. They can only keep part of it if there is a real, specific, and explainable reason.
When keeping part may be justified
- Clear damage beyond normal wear and tear
- Unpaid rent or other unpaid amounts
- Specific costs that can be documented
- Property returned in worse condition than reasonably expected
Even in these cases, the landlord must explain everything in writing — with a specific amount and clear basis.
When withholding is not acceptable
- "We need to check" — and then silence
- Vague references to "cleaning" with no breakdown
- Damage that was never mentioned at check-out
- Simply no response a month after the keys were handed over
An excuse is not an explanation. If you did not receive a clear written answer with amounts — you have grounds to claim.
What matters — before, during, and when you leave
- Keep the contract and any document mentioning the deposit
- Pay by bank transfer, not cash
- If cash — get a receipt or written confirmation
- Take photos/video of the property on move-in day
- Keep all important communications
- Report any problems with the property in writing
- Do not leave important matters to phone calls only
- Keep proof of every payment
- Sign a joint key-return record with the landlord
- Take photos/video of the property's condition
- Keep messages confirming you have moved out
- If they say they will keep anything — ask for it in writing
💡 The better everything is documented — the harder it is to invent problems later.
Mistakes tenants make again and again
They wait too long
The landlord "promises to sort it" — and you wait another week, then another. Time passes, your position weakens.
They discuss everything by phone
Phone calls leave no trace. If it was not written down — it is as if it never happened.
They never ask for a written explanation
"We'll get back to you" is not an answer. Without a written breakdown, the withholding has no foundation.
They think a formal claim is "too aggressive"
A written claim is not a declaration of war. It is a normal way to protect your money — and exactly what works.
They do not keep evidence of the property's condition
Without photos or video at check-out, invented damage is hard to challenge.
They do not record the key handover
Without evidence that the keys were returned, the landlord can claim the rental was still running.
5 steps: from silence to a formal written claim
Gather your documents
Contract, deposit confirmation, messages, photos/video from check-out, proof of key handover. This is your foundation.
Get a clear answer
If they are not returning the money — they need to say why. "We'll sort it" is not an answer. You need a specific written reply with amounts and grounds.
Get everything in writing
A call is fine as a first contact. But your claim and their reply must exist in writing. Without that, nothing is real.
Do not wait
The sooner you move to a written claim, the stronger your position. Waiting for things to "resolve themselves" almost always works against you.
Move to a formal claim
If the money has not arrived and they are stalling — it is time to stop asking and start claiming formally. A written claim creates a real record and changes the dynamic.
A written claim is almost always the right move
Even if the landlord seems reasonable, even if they reply, even if the relationship was fine — a written claim is still almost always worth sending. The sooner, the better.
It creates a record
Verbal promises disappear. A written claim does not. It marks a date and establishes your position clearly.
It protects, not provokes
A claim is not a declaration of conflict. It is a standard tool for protecting your money — one that courts and institutions take seriously.
It opens the next step
If there is no response, you already have proof you acted properly. That is the foundation for everything that follows.
✅ You may handle it yourself if:
- the landlord is responding and engaging
- the amount is not very high
- the dispute is simple, no invented claims
- you have the contract and basic evidence
🤝 It may make sense to get help if:
- they are ignoring you or giving vague replies
- they are inventing damage with no breakdown
- the amount matters to you
- they did not react to your written claim
Generate your deposit claim
No need to write from scratch. Answer a few questions and you will get a clear claim text, a PDF, and a document ready to send.
Frequently asked questions
Does it make sense to claim in writing if the landlord seems reasonable?
Yes, almost always. A written claim does not damage the relationship — it structures it. It puts on record that you claimed in time, and prevents everything from dissolving into verbal promises. If the landlord is genuinely reasonable, they will reply and return the money. If not — you already have evidence.
The landlord says there is damage. What do I do?
Ask for a written breakdown with specific amounts and grounds. "There are issues" is not an explanation. If a check-out record was signed and no damage was mentioned at the time — that is a strong argument in your favour. Photos and video of the property at check-out are also very useful.
Can I still claim if I do not have an inventory list?
Yes. The absence of an inventory actually works in your favour — without it, the landlord has a harder time proving any specific damage was caused by you. The claim focuses on the simple fact that the deposit has not been returned within the legal timeframe.
When is the best time to send the claim?
As soon as the legal one-month deadline has passed since the keys were handed over — or sooner, if the landlord is clearly avoiding the issue and giving no clear response. The earlier there is a written record, the better.
Does this replace a lawyer?
No. The generator creates a written claim — that is the first formal step. In most straightforward situations, this is enough to move things forward. If there is still no response after the claim, RightNOW handles the next steps with you.
What if several months have already passed?
Still worth acting. The general limitation period for monetary claims is 5 years (art. 1964.2 CC). But the longer you wait, the harder it gets. It is better to take the first step now than to wait further.
Checked by the RightNOW team · Change history
- Legal basis, deadlines and figures re-checked against official sources.
- Page published.
This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.
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