Moving out and handing back the keys

Terms used

• Acta de entrega de llaves — The acta de entrega de llaves is a signed record of the handover, noting the date, meter readings, condition and keys returned.
• Fianza — The fianza is the deposit you pay the landlord at the start of the lease, held as security.
• Burofax — A burofax is a certified postal message that proves what you sent and when.
• Baja — A baja is the cancellation of a utility contract.
• Cambio de titular — A cambio de titular is a change of the named holder of a utility contract, without cutting the supply.

Key rules

• Handover form: No official form exists, so a signed report plus photos and meter readings is your proof.
• Deposit timing: The landlord should return the fianza within one month, and late payment earns interest.
• Ordinary wear: The landlord cannot deduct for faded paint or worn floors.
• Refusal to sign: If the landlord won't sign, send your photos and an account by burofax or certified email.

There is no official handover form

Spain has no standard form for returning a flat. You protect yourself with four things: a walk-through with the landlord, dated photos, meter readings and proof that you returned the keys. Do all four on the day you hand over.

Build your evidence

• Clean first. Leave the flat reasonably clean. Take your photos after cleaning.
• Photograph everything. Take dated photos and one continuous video of every room: walls, floors, windows, fixtures and appliances. Include any existing damage.
• Compare with move-in. Check the inventory and any photos attached to your lease. Photograph anything that differs, and anything that was already worn when you arrived.
• Photograph the meters. Take the final electricity, gas and water readings on handover day.
• Keep all messages with the landlord or agent.

Do a walk-through and sign a report

Ask the landlord or agent to walk through the flat with you and sign an acta de entrega de llaves. It should state the date, the meter readings, the condition of the home, that the keys were received and any agreed deductions. This signed record proves the lease ended and supports your claim for the fianza.

If the landlord won't sign, send your photos and a short account of the handover by burofax or certified email. That gives you a dated record.

Sort out the utilities

Do this before you leave.

• Electricity and gas: ask your supplier to cancel (baja) or change the holder (cambio de titular) to the landlord or the next tenant. Give the reading and a date, ideally a few days ahead.
• Water: cancel or transfer it with the local water company.
• Internet and phone: ask to cancel or move your line. Check for minimum-term penalties and return the router and any other equipment.
• Landlord's or community's name: if a supply isn't in your name, just record the reading.
• Final bills: pay them and cancel direct debits so later charges don't hit your account.

Notice periods and penalties vary by provider, so check your contract.

Getting your deposit back

The landlord should return the fianza within one month. After that, it earns late-payment interest.

The landlord cannot deduct for ordinary wear, such as faded paint or worn floors. You must return the flat in the condition you received it, apart from deterioration from normal use or time. Repainting charges are generally allowed only for damage beyond normal use.

Lease clauses that demand professional cleaning or a fixed cleaning charge are often challenged as abusive, but courts decide case by case. If you face a deduction you disagree with, your photos and the signed report are your best evidence.

Choosing between options

Should you cancel your electricity and gas, or transfer them?

• Cancel (baja): Nobody is taking over the supply in your name and you want it closed on your leaving date.

• Change of holder (cambio de titular): The landlord or the next tenant will keep the supply running and take it over.

• Just record the reading: The supply is in the landlord's or the community's name, so there is nothing to cancel.

Check whose name the supply is in. If it is yours, cancel it or transfer it. If it is the landlord's or community's, photograph the reading only.

Timeline and deadlines

• Give notice to your landlord if you don't want to continue the contract: at least 2 months before the end of the contract or any annual renewal period

• Ask your electricity and gas suppliers to cancel or change holder, giving the reading and a date: ideally a few days before you leave

• Take photos and video, and photograph the meter readings: on handover day, after cleaning

• Walk through the flat with the landlord and sign the handover report: on handover day, when you return the keys

• Expect your deposit back, with legal interest if it is late: within one month of handing back the keys

Documents you need

• Signed handover report (acta de entrega de llaves): the landlord or agent signs it. It states the date, meter readings, the condition of the home, that the keys were received and any agreed deductions.

• Dated photos and a continuous video of every room, taken on the day you return the keys, after cleaning.

• Photos of the final electricity, gas and water meter readings on handover day.

• Move-in inventory and any photos attached to your lease, to compare with the flat's condition now.

• Burofax or certified email with your photos and a short account, sent if the landlord won't sign. This gives you a dated record.

Checklist for moving out of a Spanish rental

• Clean the flat so it is reasonably clean, with no need for professional cleaning unless you choose it. Normal wear, like faded paint or worn floors, is not your responsibility.

• Take dated photos and a continuous video of every room, including walls, floors, windows, fixtures, appliances and any existing damage, ideally on the day you return the keys after cleaning.

• Compare the rooms with the move-in inventory and any photos attached to your lease, and photograph any differences.

• Ask your electricity and gas suppliers to cancel (baja) or transfer to the landlord or next tenant (cambio de titular), giving them the reading and a date a few days ahead.

• Cancel or transfer the water contract with the local water company. If a supply is in the landlord's or community's name, just note the reading.

• Ask your internet and phone provider to cancel or move your line, check for minimum-term penalties, and return the router and any equipment.

• Ask the landlord or agent to walk through the flat with you and sign a handover report (acta de entrega) that states the flat's condition and that they received the keys.

• Keep copies of all messages with the landlord and note the date you handed back the keys, because the landlord has one month from that date to return your deposit.

What to watch out for

• Bills and charges after you leave: If you don't cancel or transfer your supplies and direct debits, later charges can hit your account. Internet and phone contracts may carry minimum-term penalties. Give each supplier the final reading and a date, check the penalty terms, return the router, and cancel direct debits.

• Deductions for ordinary wear: A landlord may try to deduct for faded paint or worn floors, or charge for professional cleaning or a fixed cleaning fee. Leave the flat reasonably clean and keep dated photos. Challenge deductions for normal use, as such clauses are often challenged as abusive.

Frequently asked questions

What if the landlord won't sign the handover report?

Send your photos and a short account of the flat's condition by burofax or certified email. That gives you a dated record of the handover. Keep copies of all your messages too.

Can the landlord deduct for faded paint or worn floors?

No, you only answer for damage beyond normal use or the passage of time, and that includes any repainting charge.

Does my lease's professional cleaning clause bind me?

Not necessarily: Clauses requiring professional cleaning or fixed cleaning charges are often challenged as abusive, though courts decide case by case.