Rental deposit (fianza) not returned in Spain: how to claim it back, deadlines and steps

What the rental deposit (fianza) is and what the law says

The rental deposit (fianza) is mandatory: under Ley 29/1994 (LAU) it is one month’s rent for housing (two for non-residential use). It covers real damage or debts — not a bonus to the landlord for your leaving.

Draft my refund demand

When the contract ends and the keys are handed over, the landlord must return the fianza. They can keep part or all of it only for specific, proven damage beyond normal wear (desgaste normal) or for unpaid amounts, with evidence.

If the money is not returned within a month with no lawful reason, interest accrues (interés legal del dinero). “Busy”, “waiting to inspect”, “later” are not grounds to keep the deposit.

The fianza differs from extra guarantees (depósito adicional, aval): those follow the contract, but they too come back if there is no real debt or damage.

Who this applies to

• Any housing tenant who paid a fianza under the contract — regardless of nationality; migrants are protected just like Spaniards.
• Ordinary housing rentals under the LAU. Tourist accommodation is generally excluded from the LAU residential regime (art. 5.e): it is governed by your autonomous community’s tourism rules, by the contract and — if you booked as a consumer — by consumer law, so the LAU deposit rule does not apply to it automatically. For seasonal lets and non-residential premises the amount differs.
• The case where the landlord lodged the fianza with a regional deposit body: you still claim from the landlord — they recover it from the body.
• It does not matter whether the contract was registered: if you paid the deposit and can prove it, you have the right to a refund.

What you are entitled to

• A full refund of the fianza if there is no real, proven damage or debt.
• Interest (interés legal) for any delay beyond the set deadline.
• Deductions only for damage BEYOND normal wear: faded paint, light furniture marks and ageing are not damage.
• An itemisation and proof of any deduction: exactly what for and how much (quotes, receipts, photos).
• The right to demand the refund in writing and, on refusal, through a payment-order procedure (proceso monitorio) or a small civil claim (juicio verbal) — often without a lawyer for small amounts.

Deadlines that matter

• 1 month from handing over the keys (entrega de llaves): under the LAU (art. 36.4) this is not a deadline after which the landlord loses everything — it is the point from which legal interest accrues on the balance that should be returned. Justified deductions for real damage are still possible, but the landlord has to prove them.
• Record the key-return date (a handover note, email, message) — the deadline counts from there.
• 5 years — the general limitation period to claim (acción personal, Código Civil art. 1964). Don’t delay, but the right survives a year or two later.
• After a written claim, allow a reasonable period (usually ~10 days) before going to court.

Evidence you need

• The rental contract with the fianza clause and proof you paid it (transfer, receipt).
• Proof of the key handover and move-out date (handover note, email, messages).
• Photos/video of the condition on move-in and move-out — the best proof of “normal wear”.
• The inventario / acta de entrada from move-in, if there was one.
• Correspondence with the landlord (your demands, their replies, excuses) and bank statements for rent and bills.

How to claim the deposit back, step by step

• Gather the evidence: contract, deposit payment, key date, move-in/move-out photos.
• Send a written demand for the refund — ideally by formal notice (burofax): the amount, a deadline (~10 days), your bank details and interest for the delay. A formal notice (burofax) records content and date.
• On silence or a refusal with no evidence, strengthen your position: in a consumer context, OMIC/arbitraje de consumo; the main route is judicial.
• File in court: payment-order procedure (proceso monitorio) if the amount is clear, or a small civil claim (juicio verbal) up to €15,000 — for small amounts often without a lawyer or court representative (procurador).
• Claim the full amount kept + interés legal; for bad-faith retention you can also ask for costs.

Common mistakes that cost people money

• Moving out with no check-out note/photos — hard to rebut “damage” later.
• Not recording the key-handover date — you lose the start point for the deadline and interest.
• Trusting verbal promises “I’ll send it next week” — no written claim means no proof and no pressure.
• Not sending a formal notice (burofax): an ordinary letter or WhatsApp is weaker as proof.
• Agreeing to a deduction for “repainting/cleaning” with no proof of real damage beyond wear.

If they keep it “for damage” or go silent

• The landlord must PROVE real damage beyond normal wear and its cost (quotes, receipts, photos). A vague “you ruined it” does not work.
• Normal wear (desgaste normal) — fading, light scuffs, natural ageing — cannot be deducted.
• If they keep part, demand the itemisation; unproven amounts must be returned.
• Silence is not a waiver of your rights: interest runs after the deadline and the right to sue lasts 5 years.

Related guides

Common questions

Official sources