The full guide
The one-month rule
Under article 36 of the Urban Leases Act, the landlord must return your deposit within one month of you handing back the keys. If they don’t, the amount starts earning legal interest. They can only deduct money they can justify.
What can be deducted
| Usually allowed | Usually not allowed |
|---|---|
| Unpaid rent | Normal wear and tear, like faded paint |
| Unpaid utility bills | Old appliances that broke from age |
| Damage you caused | Repainting after a normal tenancy |
| Missing items on the inventory | Improvements the landlord wanted anyway |
Ask for receipts or quotes for any deduction. A vague “cleaning fee” without evidence is easy to challenge.
Before you move out
Give notice in writing: email may be enough if your contract allows it, but a burofax removes any doubt. Then compare the flat with your move-in inventory. Clean well, fix small marks and take final meter readings with photos. Cancel or transfer utilities so no bills arrive after you’ve gone; see setting up utilities for the contacts.
The handover
Arrange a joint inspection. Photograph each room with a timestamp, including walls, floors, appliances and inside cupboards. Sign a key handover document (acta de entrega de llaves) that records the date and condition. If the landlord won’t sign, send them your photos and the date by burofax the same day.
If the deposit isn’t returned
| Step | What to do |
|---|---|
| 1. Polite reminder | Email with your bank details and the handover date |
| 2. Burofax | A formal demand with a deadline, usually 10 days |
| 3. Regional deposit body | Ask whether the deposit was lodged, as required in most regions |
| 4. Consumer office | Your town hall’s OMIC can mediate |
| 5. Court | For claims under €2,000 you can act without a lawyer |
Most disputes end at the burofax stage, because landlords know the law sides with tenants who have evidence.
Leaving Spain?
Give the landlord a Spanish or IBAN account for the refund, and a contact email. If you’re leaving the country entirely, use the leaving Spain checklist.
Frequently asked questions
Can I use the deposit as my last month’s rent?
Legally no. The deposit guarantees the end of the contract; not paying the last month gives the landlord grounds to keep it.
What about the extra guarantee?
Any extra guarantee follows the same logic and should be returned too, minus justified deductions.
