When your deposit must come back and what can be deducted

Key rules

• Return deadline: The landlord must return your deposit within one month of you handing back the keys, with legal interest payable on any late return.
• Deductions: Only unpaid sums and damage beyond normal wear can be deducted, and the landlord must prove them.
• Wear and tear: Ordinary wear from normal use is never your cost.
• Last month's rent: Do not stop paying rent and call it the deposit unless the landlord agrees in writing.

The deadline: one month after you hand back the keys

Your landlord must return your fianza within one month of you handing back the keys. If they are late, legal interest is payable on the money from the end of that month until it is repaid. The legal rate is set each year, so check the current rate if you need to calculate a claim.

What the landlord can deduct

The landlord can keep money only for:

• unpaid rent or other sums you owe under the lease;
• unpaid utility bills, if the lease makes them your responsibility;
• damage beyond normal wear.

The landlord must prove damage and its cost. Good proof includes photos, the inventory from when you moved in, and invoices or quotes. Without proof, they should not keep the money.

What cannot be deducted

Ordinary wear and tear cannot come off your deposit. Faded paint and worn floors from normal use are the landlord's cost. You should leave the home reasonably clean. A clause that charges a fixed cleaning fee or requires professional cleaning is often challenged as abusive, but a court decides each case. Repainting charges are generally allowed only for damage beyond normal use.

Final bills not yet issued

Final utility bills often arrive after you leave. The landlord may hold back a reasonable amount for them, but only temporarily and with proof of the likely cost. Holding the deposit past one month without proof risks interest. You can avoid the problem by paying your final bills before you leave and keeping the receipts.

Do not use the deposit as your last month's rent

The deposit is not a substitute for your last month's rent unless the landlord agrees in writing. If you simply stop paying, the landlord can treat it as non-payment. They can claim the rent, late interest and any penalties in the lease. In serious cases they can start eviction. The landlord must still return the deposit within one month of the keys.

If you disagree

If the landlord refuses to return the rest, ask in writing first, listing what you think is owed and attaching your evidence. If that fails, a court decides. You can claim the balance plus interest.

Choosing between options

Can the landlord deduct this from your deposit?

• Yes: unpaid rent or other sums owed: You owe rent, utilities or other sums under the lease. The landlord can keep these amounts.

• Yes: damage beyond normal wear: The landlord can prove the damage and its cost with photos, the move-in inventory and invoices or quotes.

• Yes, temporarily: bills not yet issued: The utilities are your responsibility under the lease and the final bills have not arrived. The landlord may hold back a reasonable amount, justified by actual bills or proof.

• No: ordinary wear and tear: The issue is faded paint, worn floors or similar deterioration from normal use or time, or a fixed cleaning charge for a flat left reasonably clean.

Only unpaid sums and damage beyond normal wear can be deducted, and the landlord must prove damage and its cost.

Timeline and deadlines

• Pay your final utility bills and keep the receipts: before you hand back the keys

• Hand back the keys: on the day you leave; the deadline starts here

What to watch out for

• Using the deposit as your last month's rent: The landlord can treat this as unpaid rent, claim late interest and penalties, and in serious cases start eviction. Pay the last month's rent normally, unless the landlord agrees in writing that the deposit covers it.

• Cleaning and repainting charges: Fixed or professional cleaning charges are often challenged as abusive, and repainting can only be charged for damage beyond normal use. Faded paint or worn floors are not deductible. Leave the flat reasonably clean and challenge charges for ordinary wear in writing.

• Unpaid final utility bills: If the bills are yours under the lease, the landlord may deduct them or hold back an amount, which can delay your deposit. Pay the final bills before leaving and keep the receipts to show the landlord.

Frequently asked questions

Can I use my deposit as my last month's rent?

Generally no. The deposit guarantees what you owe, so it does not replace the last month's rent unless the landlord agrees in writing. If you withhold rent anyway, the landlord can treat it as non-payment, claim late interest and penalties, and in serious cases start eviction.

What interest do I get if the landlord is late?

Legal interest (interés legal del dinero) runs from the end of the one month until the deposit is repaid. It was 3.25% for 2024 and 2025. The rate is set each year.

Can the landlord keep money for unpaid bills that have not arrived yet?

Yes, if the bills are your responsibility under the lease, the landlord may hold back a reasonable amount for a short time. They should justify it with actual bills or proof.

What if the landlord refuses to return the rest and we disagree?

The landlord must prove any damage and its cost, for example with photos, the move-in inventory and invoices or quotes. If you still disagree, a court decides, and you can claim the balance plus interest.