Leaving a rental and deposit return

It is for anyone thinking about moving to Spain, planning the move or already living there. You will learn how to leave cleanly, what notice and penalty apply, and how to recover your deposit.

Start with "Leaving a Spanish lease early (desistimiento)". It explains notice, timing and any penalty, which shape every other step.

Key rules

• Early exit penalty: After the first 6 months on a habitual-residence lease, early-exit compensation is at most one month's rent per year of the remaining term, prorated for fractions, only if expressly agreed in the contract.
• Early exit notice: If you exercise your right to leave after 6 months, you must give 30 days' notice.
• Notice at term end: You must give the landlord at least 2 months' notice before the end of the contract or any annual renewal period if you do not want to continue.
• Landlord non-renewal: The landlord must notify the tenant 4 months before lease expiry if not renewing the lease.
• Deposit return: The landlord must return your deposit within one month of you handing back the keys, with legal interest payable on any late return.
• Settlement attempt: Since 2025, you must attempt a negotiated settlement—including mediation or direct negotiation—before pursuing most civil court cases.

Leaving a rental and deposit return: the whole process, step by step

• Check your contract and decide how you are leaving: early exit, end of term, or a landlord-led end (read Leaving a Spanish lease early, and When your landlord can legally end your tenancy): Before you do anything else

• Plan a move to another rental so the old and new leases barely overlap (read Moving from one Spanish rental to another without paying double): Before you give notice

• Send written notice you can prove, such as a burofax, if you are leaving early. The first 6 months must have passed: At least 30 days before you leave, with extra margin for delivery

• Give notice if you do not want to continue at the end of the contract or an annual renewal: At least 2 months before the end

• Expect the landlord's notice if they do not want to renew: 4 months before the lease expires

• If your household changes, notify the landlord in writing (read Separation, a housemate leaving or a tenant's death): Within three months of a tenant's death; within two months of a court decision on separation or divorce

• Photograph the meters, settle final bills and cancel or transfer supplies (read Moving out and handing back the keys): A few days before and on handover day

• Sign a key handover record with the date, meter readings and condition of the flat, and take dated photos: On the day you hand back the keys

• Landlord returns your deposit, with legal interest if late (read When your deposit must come back and what can be deducted): Within one month of you handing back the keys

• Send a formal written demand for the deposit by burofax (read What to do when your landlord keeps your deposit): Right after the one month has passed without payment

• Try a negotiated settlement or mediation, and optionally file a regional complaint: Before going to court

• File a court claim for the unpaid deposit, such as a proceso monitorio: Within five years of when the deposit should have been returned, but act much sooner

Documents you may need

Identity and residence

• Your ID — What to do when your landlord keeps your deposit

The home and the lease

• Your lease contract — What to do when your landlord keeps your deposit
• Move-in inventory and any photos attached to your lease — Moving out and handing back the keys

Payments and receipts

• The deposit receipt or proof that you paid the deposit — What to do when your landlord keeps your deposit
• The burofax with certified text and acknowledgment of receipt — What to do when your landlord keeps your deposit

Other documents

• Dated photos and a continuous video of every room — Moving out and handing back the keys
• Photos of the final electricity — Moving out and handing back the keys
• Proof that you moved out and returned the keys — What to do when your landlord keeps your deposit
• Certified copy of the death certificate — Separation, a housemate leaving or a tenant's death
• Proof of your relationship to the tenant — Separation, a housemate leaving or a tenant's death
• Written notice to the landlord giving your details and the date of death — Separation, a housemate leaving or a tenant's death
• Signed handover report — Moving out and handing back the keys

Each article lists the other documents it asks for, where you need them.

Leaving a rental and deposit return: questions that cross several articles

Can I leave in the first six months?

You have no legal right to withdraw before six months. Leaving early is a breach, and the landlord can claim the remaining rent and keep the deposit against what you owe. Only an agreement with the landlord releases you. Read Leaving a Spanish lease early (desistimiento), then Moving from one Spanish rental to another without paying double.

How should I send notice so I can prove it?

Use a burofax with certified text and acknowledgment of receipt, or a notary notice. The 30 days generally run from when the landlord receives it, so allow for delivery time. See Leaving a Spanish lease early (desistimiento) and Moving out and handing back the keys.

Can the landlord charge me for cleaning or wear when I leave?

Not for normal wear, such as faded paint or worn floors. You must leave the flat reasonably clean, and fixed professional cleaning charges are often challenged. Read Moving out and handing back the keys and When your deposit must come back and what can be deducted.

What if the landlord wants me out at the end of the lease?

The landlord must give 4 months' notice that they will not renew, and you must give 2 months'. Without notice, the lease extends year by year. Read When your landlord can legally end your tenancy, then Leaving a Spanish lease early (desistimiento).