Taking a landlord to court over a rental claim

Terms used

• Monitorio — The monitorio is a fast court procedure to demand payment of a documented money debt, using an official form.
• Juicio verbal — The juicio verbal is a simplified court procedure with a hearing, used for civil claims of up to €6,000.
• Juicio ordinario — The juicio ordinario is the full court procedure used for larger civil claims, and it takes longer.
• Procurador — The procurador is a court agent who files papers and represents you in court alongside your lawyer.
• Burofax — A burofax is a certified message that proves what you sent and when it was delivered.
• Juzgado de Primera Instancia — The Juzgado de Primera Instancia is the first-instance civil court that hears most civil claims.

Key rules

• Deposit deadline: Your landlord has one month from the day you hand back the keys to return your deposit.
• Lawyer: You can claim up to €2,000 without a lawyer or procurador; above that you need both unless free legal aid applies.
• Court fees: As an individual you pay no court fee, but you can be ordered to pay the landlord's costs if you lose.
• Time limit: Claims for unpaid rent expire after 5 years.

When a court claim makes sense

Go to court only after the landlord has ignored a written demand. Your landlord must return your deposit within one month of you handing back the keys. After that, legal interest runs on the money until it is paid. The landlord may deduct only unpaid rent, unpaid supplies or damage beyond normal wear.

Since 2025, you generally have to try to settle first, for example by negotiation or mediation, before you file. Keep proof of the attempt and of the date the landlord had to reply. A burofax demand works well for this.

Which court hears it

A civil claim against a landlord goes to the Juzgado de Primera Instancia. Courts are being reorganised into a larger court structure, so your claim may be handled by its civil section. File in the judicial district where the property is. For a monitorio, file where the landlord lives. Ask the court's filing office (decanato) if you are unsure.

Three routes

Monitorio. This is the quickest route for a debt that is due and backed by documents, such as the lease, the deposit receipt and your demand. You fill in an official form. The court orders the landlord to pay or appear within 20 working days. If the landlord pays, the case ends. If there is no reply, you ask the court to enforce payment. If the landlord opposes, the case moves to a full procedure.

Juicio verbal. Civil claims of up to €6,000 are processed through the juicio verbal. Rent claims also go this way whatever the amount.

Juicio ordinario. Larger claims go here. It is slower.

The decision box below helps you choose.

Lawyer and procurador

You do not need a lawyer or legal representative to bring a claim of up to €2,000. Above that, you need both a lawyer and a procurador, the court agent who files your papers. This applies to the monitorio too. If your income is low, you may qualify for free legal aid (justicia gratuita), which covers these costs.

What it costs

As an individual, you pay no court fee for a first-instance claim. Your real costs are the lawyer, the procurador and any expert reports, when they are required.

The loser can be ordered to pay the winner's costs. A judge may decide otherwise if the case raised serious doubts. If you win only part of your claim, each side usually pays its own costs and half of the shared ones. The lawyer fees you can recover are capped at one third of the amount in dispute. Weigh this before you sue for a small amount.

How long it takes

A monitorio can produce a payment order in a few weeks to a few months if the landlord does not oppose. A juicio verbal often takes 6 to 12 months to reach judgment, and a juicio ordinario 12 to 24 months. Madrid and Barcelona are often slower. Ask the court office how long cases are taking in your area.

Deadline for claiming

Claims for unpaid rent expire after 5 years. The same period generally applies to a deposit claim, counted from the day the landlord had to return it. A burofax can restart the clock. Catalonia has its own civil code with different, often shorter, periods. If you rented there, act sooner and check locally.

The checklist and timeline below walk you through the steps.

Choosing between options

Which type of claim should you bring against your landlord?

• Monitorio (fast payment order): The landlord clearly owes you money, such as an unreturned deposit, and you hold documents like the lease, deposit receipt and written demand. You need no lawyer or procurador up to 2,000 euros.

• Juicio verbal: Your claim is up to 6,000 euros, the landlord disputes it, or a monitorio was opposed.

• Juicio ordinario: Your claim is above 6,000 euros. You need a lawyer and procurador, and it can take longer.

Start with a monitorio when the debt is clear and documented. If the landlord opposes, the case moves to a juicio verbal for claims up to 6,000 euros, or to a juicio ordinario above that. A lawyer is needed once the claim is above 2,000 euros, and a losing claimant can be ordered to pay costs.

Timeline and deadlines

• Hand back the keys and keep proof of the date: at the end of the lease

• Send a written demand (a burofax) and give the landlord time to reply, so you can show a prior attempt at dispute resolution: before filing, with about 30 days for the landlord to reply

• File a monitorio petition with the official form: once the landlord has not paid after your demand

• If the landlord pays, the case ends. If there is no response, ask the court for execution: after the 20 working days have passed

• A payment order if the landlord does not oppose: a few weeks to a few months after filing

• If the landlord opposes, the case becomes a juicio verbal and you get a judgment: about 6 to 12 months

• Last day to bring a claim for money owed, including the deposit: 5 years from when the money was due; a burofax or an acknowledgment of the debt restarts the period

Checklist

• Keep proof of the date you handed back the keys

• Ask the landlord in writing to return the deposit once one month has passed since you handed back the keys

• Keep proof that the landlord had time to reply to your attempt at dispute resolution, such as negotiation or mediation

• Gather the lease, the deposit receipt and your written demand

• Find the right court: for a monitorio, the court where the landlord lives; for a lawsuit, the Juzgado de Primera Instancia in the district where the property is

• Check your claim amount: up to 2,000 euros you do not need a lawyer or procurador, above it you do, unless you qualify for free legal aid

• Decide whether the timings described above work for you before you file

What to watch out for

• If you lose, you can be ordered to pay the landlord's costs: The losing side normally pays the winner's costs, including lawyer and procurador fees where they were mandatory. Those lawyer fees are capped at one third of the amount in dispute, unless the claim was reckless. If you only partly win, each side usually pays its own costs and half of the shared ones. A judge can also decide not to impose costs when the case raised serious doubts. Weigh the amount you are claiming against this risk before you file, and only claim what your documents support.

• Free legal aid protects you from costs, but not for ever: With free legal aid (justicia gratuita), you are protected from paying the other side's costs. That protection ends if your finances improve within three years. If you may meet the income limits, apply for legal aid before you start the claim.

Frequently asked questions

Do I have to pay court fees to sue my landlord?

No. Individuals do not pay court fees for a first-instance claim. You still pay for a lawyer, a procurador and any expert reports if you need them, and a losing party can be ordered to pay the other side's costs.

Which court do I file with?

A tenant's claim goes to the Juzgado de Primera Instancia, which is now part of the Tribunal de Instancia (civil section). For a lease dispute, file in the judicial district where the property is. The court's reparto (case allocation) office can tell you where to hand in the claim.

I rented in Catalonia. Does the same deadline for claiming apply?

Not necessarily. Catalonia has its own civil code, and its period for many claims is generally shorter, around 3 years. Ask a local lawyer or the court office before you rely on the national deadline.