Residential tenancies · Spain

Landlord won't return your deposit (fianza): what the law says and what to do

When statutory interest starts running, what a landlord may lawfully withhold and how to demand your money back — under Ley 29/1994, with article references.

5 min readofficial BOE sources

This explainer was prepared with the help of AI and is for information only. Lity is a technology platform, not a law firm: this is not legal advice.

In short

  • By law the deposit on a home is one month's rent. Anything on top of that is an additional guarantee — and for homes let for up to five years (seven if the landlord is a company) it cannot exceed two months' rent.
  • The law does not say "must be returned within a month". It says something different: once a month has passed since the keys were handed back and the money has not been returned, statutory interest starts to run on the outstanding balance.
  • A landlord withholds not "whatever they see fit", but only what the law puts on the tenant. Ordinary wear and tear from normal living is not damage.

What the law says

Residential letting in Spain is governed by the urban tenancies act — Ley 29/1994 (LAU).

How much

A deposit is compulsory when the contract is signed: one month's rent for a home and two months for lettings for purposes other than housing (art. 36.1 LAU). The parties may agree additional guarantees on top, but for homes on contracts of up to five years — or seven where the landlord is a legal entity — that additional guarantee cannot exceed two months' rent (art. 36.5).

When interest starts running

Statutory interest accrues on the balance of the deposit due back to the tenant once a month has passed since the keys were handed over and the refund has still not been made (art. 36.4 LAU).

Note where the clock starts: not when you moved your things out, not when the contract expired on paper, but when the keys changed hands. Put that date in writing.

Where the money sits

Autonomous communities may require landlords to lodge the deposit with a regional body — that is a power of the region, not a universal obligation across Spain (third additional provision, LAU). Where such a scheme exists: if the body fails to return the sum within a month of the contract ending, statutory interest runs on it too. How it works in your region has to be checked separately.

What may be withheld

The landlord must carry out, at their own cost, all repairs needed to keep the home fit to live in, and may not raise the rent for doing so (art. 21.1 LAU). The exception is damage attributable to the tenant; here the LAU refers across to articles 1563 and 1564 of the Civil Code.

Ordinary wear is expressly separated from damage: the tenant returns the home in the condition received, except for what has deteriorated through time or an unavoidable cause (art. 1561 Civil Code). Under art. 1563 the tenant is liable for deterioration or loss unless they prove they were not at fault.

Alterations are a separate matter: work that changes the configuration of the home may not be done without the landlord's written consent, and at the end of the contract the landlord may require it to be undone — or keep it, with no compensation to you (art. 23).

Step by step

  • Record the handover of keys. A handover record, dated correspondence, photographs of the flat and the meter readings. That is the moment the law counts from.
  • Reconcile the amounts. How much was paid as fianza and how much as an additional guarantee. The two-month ceiling on the additional guarantee applies to homes let for up to five years — seven where the landlord is a company.
  • Ask for the deductions in writing: what exactly, and for how much. Asking for supporting documents is normal. The law does not provide for withholding "just in case".
  • Send your demand in a way that leaves proof of dispatch and content. In Spain a burofax is customary for this — that is established practice, not a legal requirement; anything you can later produce as evidence will do.
  • If the deposit is lodged with a regional body, check the refund status there: the money may not be with the landlord at all.
  • If it is not resolved, the dispute goes to court. Talk to a lawyer before filing: the procedure and the time limits depend on the amount and the region.

Common misconceptions

"The deposit is the last month's rent"

It is not. The fianza secures obligations; it is not a prepayment. The law gives the tenant no right to set it off against the final month unilaterally.

"A month has passed, so it comes back automatically — with interest"

Interest is provided for by law, but like the deposit itself it has to be demanded and, if refused, enforced.

"A landlord can withhold for any scratch"

Keeping the home habitable is the landlord's duty (art. 21.1). What falls on the tenant is damage, not the traces of ordinary use.

What to put in your written demand

  1. The address, the parties to the contract and the amount of the fianza paid.
  2. The date the keys were handed over, and your evidence of that date.
  3. The sum you are claiming and your bank details.
  4. A request for the calculation and supporting documents for every deduction.
  5. A reference to interest under art. 36.4 LAU if a month has passed since the handover.

Official sources

Check the deductions against your own contract

Describe the amount, the dates and your landlord's arguments. Lity turns your contract and correspondence into an explainer with article references and a list of next steps.

Analyse my case

This is an informational explainer, not legal advice. It is based on the texts of the laws in force but does not take the circumstances of your case into account. Decisions on your situation are for a lawyer to make.

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