Can I get my rental deposit back?
Yes, at the end, except for justified withholdings. In a main-home rental, the mandatory deposit is one month's rent (two for other uses), which the landlord must lodge with your region's body. When the contract ends and you hand back the keys, the landlord must return the deposit, usually within one month (Urban Tenancy Law, art. 36). They can only withhold amounts for justified reasons: damage beyond normal wear, unpaid rent or utilities. If they're late returning it, the deposit earns interest.
📋 The rules
- Deposit of 1 month (home); 2 for other uses
- The landlord lodges it with the regional body
- Return at the end, usually within 1 month (LAU art. 36)
- Withholding only for justified damage or arrears
- Late return: the deposit earns interest
🔓 Exceptions
- Normal wear from use: can't be withheld from the deposit
- Extra guarantees (guarantor, extra deposit): own regime
- Inventory and flat condition at move-in: key evidence for the return
⚠️ Penalties & fines
If the landlord doesn't return the deposit on time or withholds amounts unjustifiably, send a written demand (the deposit plus interest for the delay) and, if no response, claim at consumer offices or court. The distinction between tenant-caused damage and normal wear is key: ordinary-use wear can't be deducted. Keep the inventory and photos from move-in and move-out as evidence.
📎 Official sources
- BOE · Urban Tenancy Law (art. 36, deposit) →
- Administración · Rental deposit →
- OCU · Return of the rental deposit →
❓ Frequently asked
How much is a rental deposit?
One month's rent for a main-home rental (two for non-home uses). The landlord must lodge it with the competent body of your region for the contract's duration.
When must the deposit be returned?
At the end of the contract and on handing back the keys, usually within one month under the Urban Tenancy Law. If the landlord is late, the deposit earns interest in your favour.
Can the landlord keep the deposit?
Only withhold amounts for justified reasons: damage beyond normal wear, or unpaid rent and utilities. Wear from ordinary use of the home can't be deducted from the deposit.
What if they don't return the deposit?
Send the landlord a written demand for the deposit plus interest for the delay. If no response, claim at the consumer offices or court. Keep the inventory and move-in/out photos as evidence.
What counts as normal wear?
Deterioration from ordinary use and the passage of time (paint, small marks, floor wear). It can't be deducted from the deposit. Damage from misuse or negligence by the tenant can be withheld.
🔎 Common searches
What people search to land here:
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