Get back the deposit your landlord is holding on to

One month from when you hand back the keys, not from when the contract ends. That's article 36.4 of the Urban Leases Act (LAU): any balance of the deposit that has to be returned accrues statutory interest if it hasn't been returned one month after the keys were handed back. The month runs date to date: if you handed back the keys on 31 August, the deadline is 30 September.

This summer the Spanish press reported that "the law penalising landlords who take more than a month to return the deposit comes into force". In the BOE, article 36.4 has said the same thing since 1995: there's no new deadline and no new fine for the delay. What did change in October 2026 is something else: the end-of-tenancy document (explained below).

The deposit guarantees that you meet the contract. So the landlord can deduct what you genuinely owe: rent, bills you were responsible for and the cost of repairing damage beyond normal use. What they can't deduct is wear and tear over time: tenants return the property as they received it, "except for what has perished or deteriorated through time or unavoidable causes" (art. 1561 of the Civil Code).

Any deduction has to be backed up with details and its real cost: invoices, quotes, photos. A round figure "just in case" or keeping the whole deposit without explanation doesn't hold up. Bear in mind, though, that minor repairs caused by everyday use are the tenant's responsibility (art. 21.4 LAU).

Painting, usually not: walls getting grubby or fading over the years is normal wear and tear. Large holes, stains, chipped paint or a colour you used without permission are different; those they can deduct, for whatever the repair costs.

Cleaning, only if you left the property clearly dirtier than you found it, and for a reasonable cost they can back up. The usual clean between one tenant and the next isn't damage you have to pay for.

Since 8 October 2026, the new article 36.7 of the LAU says that when the contract ends, both parties must record the condition of the property in writing in an end-of-tenancy document signed by both. If none is signed, or it notes no damage, the property is presumed, unless proven otherwise, to have been handed back in good condition. In other words: if the landlord wants to deduct damage, it's up to them to prove it.

It was added by Royal Decree-Law 29/2026, which still has to be ratified by Congress (an earlier decree with the same rule, 26/2026, was revoked within days). For keys handed back before then, the Civil Code applies: if the condition wasn't described when you moved in, you're presumed to have received it in good condition (art. 1562), and you're liable for deterioration unless you prove it wasn't your fault (art. 1563). That's why it's worth taking photos and video on the day you hand back the keys.

Statutory interest, from the day after the month ends until they pay. In 2026 it's 3.25%: it was set by the 2023 Budget Act and, as no new budget has been passed, it's still in force. On a €400 deposit that's €13 a year: not much money, but it shows you know your rights, and it adds up if the landlord drags their feet.

If you paid an additional guarantee on top of the deposit, that part accrues interest from when you claim it (arts. 1100 and 1108 of the Civil Code). Another reason to claim in writing as soon as possible.

First, a letter. Since April 2025, before you can sue you have to try to negotiate and be able to prove it (art. 5 of Organic Law 1/2025). A document proving the landlord received your proposal and what it said is enough, such as a burofax with certified content (art. 10.2). If they don't reply in writing within 30 calendar days, the negotiation ends without agreement and you can go to court (art. 10.4).

If you're claiming €2,000 or less, you can file a small claim (juicio verbal) yourself, without a lawyer or procurador, using the court's standard form (arts. 23, 31 and 437.2 of the Civil Procedure Act). You can also use the payment order procedure (monitorio), which doesn't need a lawyer to apply whatever the amount (art. 814). You have five years to claim from the end of the landlord's deadline (art. 1964.2 of the Civil Code), and every written claim restarts the clock (art. 1973).

The law lets each region require landlords to lodge the deposit with a public body for the length of the contract (third additional provision of the LAU). The Community of Madrid (Law 12/1997), Catalonia (Law 13/1996, with INCASÒL) and Aragon (Law 10/1992) require it, for example, and not doing so is a serious offence carrying a fine. Andalusia abolished the requirement on 24 January 2026.

Even if it's been lodged, it's your landlord who has to return it: the public body doesn't pay for damage or debts, which are settled between you or in court. But asking whether they lodged it, and reminding them that not doing so can be fined, often helps move the negotiation along.