Tenant rights Spain deposit return — a clear guide to recover your deposit, request repairs, or respond to an eviction. We cover evidence, notices, timelines, negotiation vs court, and when to involve a lawyer—so you protect your position fast.
Need case-specific guidance? Book via Meeting Scheduler or write to Contact. See our litigation support here: Individuals → Litigation.
Quick map: what to do first
- Collect evidence: tenancy contract, payment receipts, photos/videos (move-in & move-out), repair requests, inspection reports, utility bills.
- Put it in writing: send a formal notice (email + certified post/“burofax” equivalent where applicable) with deadlines and a clear ask.
- Stay current on rent/utilities: it preserves leverage and avoids counterclaims.
- Call a lawyer early: strategy and deadlines matter—especially for deposit returns and eviction notices.
Deposit returns (fianza): getting your money back
- What landlords can deduct: unpaid rent/ bills, and proven damage beyond normal wear.
- What they can’t: routine wear-and-tear or unproven “cleaning” claims.
- Action steps:
- Pre-exit checklist: photos, meter readings, keys handover record.
- Written demand: itemise the refund, attach evidence, set a payment deadline and bank details.
- If refused or ignored: escalate with a lawyer’s letter; consider debt recovery action if needed.
- Tip: propose a joint inspection at check-out; follow up with a written summary + photos.
Repairs and habitability (who pays for what)
- Landlord typically: structural issues, essential systems (water, electricity, heating), and defects not caused by tenant misuse.
- Tenant typically: minor maintenance and damage caused by misuse/accident.
- How to request repairs properly:
- Describe the issue, urgency, and impact (e.g., unsafe, uninhabitable room).
- Attach photos/video and ask for access dates.
- Set a short, reasonable deadline; if critical, say so and document any interim costs (e.g., heater replacement approved in writing).
Evictions in Spain (tenant or landlord perspective)
- Common triggers: non-payment, serious breach, or expiry without vacating.
- For tenants:
- Don’t ignore notices. Seek advice immediately; there may be payment/defence options.
- Keep proof of payments and communications; note any offer to cure.
- For landlords:
- Keep a clean paper trail (contract, notices, arrears ledger).
- Consider a lawyer letter before filing—often accelerates settlement.
- Outcome paths: negotiated surrender, payment plan, or court-led eviction with bailiff date (timeline varies by court load).
Evidence that wins (and what weakens your case)
- Strong: signed contract/annexes, bank statements for rent, timestamped photos/videos, expert reports, written repair requests, delivery proofs.
- Weak: verbal promises, cash payments without receipts, edited media without originals, vague WhatsApp chats without context.
When to escalate (and how)
- Formal demand letter (lawyer): sets facts, amount, legal basis, and deadline.
- Negotiation window: structured calls/emails; consider deposit-offset agreements in writing.
- Court options: claim for deposit return or repairs; defend against eviction; seek costs where available.
Practical timelines (illustrative)
- Deposit disputes: weeks to months, depending on evidence and negotiation.
- Repairs: urgent issues should be addressed promptly; document delays.
- Evictions: can take several months; early legal action and solid evidence shorten the path.
Common pitfalls (and how to avoid them)
- Handing back keys without a written check-out record.
- Paying cash with no receipts.
- Late or informal notices (no proof of delivery).
- Mixing claims (repairs/deposit/rent) without clear calculations.
- Ignoring court or official notices.
How Mecan Legal helps
- Case review & strategy: fast assessment of claims/defences and likely outcomes.
- Evidence & notices: we draft formal demands and organise proof that stands up in court.
- Negotiation first: structured settlement to save time and costs.
- Litigation: filing, hearings, and enforcement—end-to-end representation.
Ready to act? Book a consultation via Meeting Scheduler or message us on Contact. Learn more about our court work: Individuals → Litigation and related support in Individuals → Civil and Individuals → Real Estate.
FAQs
How long does a landlord have to return the deposit?
Timeframes vary; if it drags or deductions look inflated, send a formal demand with evidence and a short payment deadline.
Can I stop paying rent if repairs aren’t done?
Risky without legal advice. Document, demand, and consider measured steps your lawyer recommends.
What if I receive an eviction notice?
Act immediately. There may be ways to cure or defend; deadlines are strict.
Do WhatsApp messages count as evidence?
They can help if authenticated and contextualised; keep originals and back them up.
Can I claim costs if I win?
In many cases, yes—courts may order the losing party to pay certain costs. Your lawyer will assess feasibility.