Rental deposit in Spain: how much is legal and when you get it back

Along with the first month’s rent, the deposit is the biggest payment a tenant makes when signing a rental contract in Spain. It’s also one of the areas where confusion — and abuse — is most common. Here’s what the law actually says.

How much is a legal deposit?

Article 36.1 of the LAU sets the legal deposit at one month’s rentfor residential leases (two months if the use is non-residential, such as commercial premises). If your contract demands two or three months’ rent as a "legal deposit," that excess isn’t covered by Article 36.1 — at most, it could count as an additional guarantee, which the law does allow, but it must be identified as such and not disguised as part of the deposit.

Can the landlord require additional guarantees?

Yes. Article 36.5 allows additional guarantees on top of the deposit (a bank guarantee, an extra deposit, a guarantor). These aren’t illegal, but the contract should clearly state their scope and the conditions under which they’d be enforced, to avoid disproportionate claims later on.

When must the deposit be returned?

At the end of the contract, once the landlord has been able to check the condition of the property. The law doesn’t set an exact number of days for residential leases, but common practice and most case law put the reasonable period at around one month from the handover of the keys. If that time passes with no refund and no justification for withholding it, the tenant can claim it back, including interest.

When can the landlord keep the deposit (or part of it)?

Only justified items can be deducted from the deposit, such as:

• Damage to the property beyond normal wear and tear.
• Unpaid months of rent.
• Expressly agreed costs that the tenant hasn’t paid.

What is notvalid is a clause stating that the deposit "will not be returned under any circumstances" — that directly contradicts Article 36 and is void, regardless of whether the tenant signed it.

If it isn’t returned to you

The first step is to claim it in writing (a formal letter or email with confirmation of receipt), detailing the amount and the date the property was handed back. If the landlord doesn’t respond or refuses without justification, the next step is a court claim (typically through the small-claims-style verbal proceeding, given the amount involved) or a consumer mediation service if one is available in your region.