1- Before leaving the flat: take photos and videos of the condition in which you hand it over; this will serve as evidence if they later try to blame you for any damage.


2- The landlord can only withhold the deposit in cases of non-payment, unauthorized works, or damage that has not been caused by normal use of the property. In other words, wear and tear from the passage of time is not a valid reason to keep the deposit.


3- When signing the contract, include a clause or annex that details the condition of the property at the beginning of the tenancy, with photos.


4- If they still refuse to return it, we recommend the following steps:


  1. Send a certified letter to the landlord reminding them of the legal deadline for returning the deposit (30 days).
  2. Keep in mind that if the landlord takes longer than 1 month to return your deposit from the date you handed over the keys, you can claim the corresponding interest (art. 36 LAU).
  3. If after 30 days you receive no response, you can claim the deposit in court. However, under the new Judicial Efficiency Act (LO 1/2025), you must first attempt mediation, such as conciliation before a notary or negotiation between lawyers, which is also available to individuals receiving legal aid (Art. 399.3 LEC and Art. 438.1 LEC).
  4. Once mediation has been attempted, you may proceed with legal action. If the amount you are claiming does not exceed €2,000, the procedure is free of charge and you can carry it out without a lawyer through a verbal trial. If the amount exceeds €2,000, you will need to resort to an ordinary trial (art. 249.1 6º LEC).