How long does a landlord have to return your deposit in Spain?

How long does a landlord have to return your deposit in Spain?

Short version: 30 days. If you want the one number to hold your landlord to, that is it. But there are a couple of details that matter a great deal, like when those 30 days actually start counting and what you are owed if the landlord blows past them. Here is everything you need.

The 30-day rule

Under Article 36.4 of the Ley de Arrendamientos Urbanos (the LAU, the law governing rentals in Spain), your landlord has 30 days to return your deposit once the tenancy ends. This is not a courtesy or a guideline. It is written into the law.

Your deposit, the fianza, belongs to you throughout the tenancy. The landlord is only holding it. Once you leave and the conditions are met, it comes back to you, minus any genuine, evidenced deductions. Thirty days is the window they have to sort that out.

When does the clock actually start?

This is the detail landlords love to blur. The 30 days start from the day you hand back the keys, not some later date the landlord picks. Not when they get around to inspecting the flat. Not when the final utility bill happens to arrive. Not "whenever things calm down."

So the moment you return the keys, note the date. That is day zero. From there, the countdown is running whether your landlord acknowledges it or not.

What happens if they miss the deadline?

If your landlord goes past 30 days without a valid, documented reason, they are in breach of the law, and they legally owe you interest on the amount they are withholding. In other words, dragging their feet does not just annoy you, it starts costing them.

This matters for two reasons. First, it means delay is not a neutral tactic for the landlord, it works against them. Second, it strengthens your position enormously when you formally demand the money, because you are no longer asking for a favour. You are enforcing a deadline they have already missed.

The excuses landlords give (and which hold up)

Landlords lean on a handful of stalls. It is worth knowing which have any basis:

• "I need to inspect the property." Fair enough, but that inspection has to happen inside the 30 days, not stretch them.
• "I'm waiting for the final utility bills." Sometimes genuine, but it does not pause the clock indefinitely. The window is still 30 days.
• "There was some damage." Possibly, but they have to prove it with photos and invoices, and it only justifies keeping the disputed amount, not your whole deposit.
• Silence. Not an excuse. Just a bet that you will give up.

If the reason is real and documented, a short delay may be understandable. If it is vague, or if it is silence, the deadline stands and you are within your rights to act.

What to do when the 30 days pass

Once you are past the deadline and the money still is not back, the path is well established:

• Send a clear written demand by email or WhatsApp, referencing the 30-day rule and setting a firm deadline. Keep the receipts.
• Send a burofax if that is ignored. This is the certified letter that legally proves you demanded your deposit, and it is the step that gets most landlords to pay.
• Take it to small claims if they still refuse. For deposits under €2,000 you can do this without a lawyer.

You do not have to navigate all of that alone, and you do not have to do it in Spanish.

Let us start the clock working for you

Once your landlord is past the 30 days, you hold the stronger hand. The trick is playing it correctly, in the right language, through the right channel.

Deposit Recovery Spain assesses your case, drafts your demand in correct legal Spanish, sends it as a certified burofax through Correos with full proof, and guides you through what comes next. Every case reviewed by a Spanish abogado.

One flat fee. No hourly lawyers. No Spanish required.