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Thread: Deposit Issue

  1. #1

    Default Deposit Issue

    Hi there

    We moved out from our rented house in Spain nearly 2 months ago. We rented via an agency. There was some damage to the sofa which we knew would come out of our deposit, however, two months later the landlord still hasn't confirmed a final price or returned the remaining deposit.

    Am I right in thinking that under Spanish law, the landlord is meant to return the deposit or remaining deposit within one month of us leaving the property?

    Also, even though the one month deadline has passed, he keeps adding things he feels we should pay for. Can he do this??

    I guess I'd like to know where we stand so any help would be great


  2. #2



    The Law does not stipulate if the deposit must be returned within a specific timeframe but indicates that if the deposit has not been returned after one month of having vacated the house, the owner will have to pay the tenant interests on the debited amount, in accordance with the legal rate.

    Therefore, if you did not agree - on the contract - any kind of timeframe for the deposit refund, this time will be determined by the usual and normal practice. Normally, two months is a reasonable time for the owner to be able to make all the deductions he considers necessary and is also enough to have received the utility bills covering the period the tenant has been using the house, to finally calculate costs and expenses and set the exact amount to be returned to you.

    Regarding the expenses you mention the landlord is coming up with, it is important to see what they are to confirm if he has the right to deduct them or not. In principle, if a contract resolution document has been signed when the keys were returned, the landlord can only deduct whatever was mentioned in such document. If this document was not signed and he accepted the keys, he cannot claim anything that has not been agreed, for instance the sofa expenses and debts incurred by services the landlord has requested to put the dwelling in good order.

    Please note this is a general answer and that if you need more detailed information I recommend you to contact us by email.

    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile


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