Wear and tear vs damage: what your landlord can legally deduct in Spain

Wear and tear vs damage: what your landlord can legally deduct in Spain

When a landlord decides to keep your deposit, the magic word is almost always "damages." The paint, the floor, the sofa, a mark on the wall. It sounds official, and it is designed to make you back down. But here is the thing most tenants do not know: the large majority of what landlords try to deduct for is not legally deductible at all. This guide draws the line for you.

What counts as normal wear and tear (not deductible)

Under Spanish law, the ordinary wear that comes from simply living in a place is expected, and your landlord cannot charge you for it. A property is meant to age with use. That is what rent is for.

Normal wear and tear typically includes things like:

• Faded or slightly marked paint after a normal tenancy
• Small scuffs or nail holes from hanging pictures
• Worn or slightly stained carpet from ordinary foot traffic
• Minor wear on furniture, worktops, or fittings
• General "it has been lived in" tiredness

None of that is damage. It is the normal cost of owning a property that people live in, and it is the landlord's responsibility, not yours. "The flat needed repainting" and "it looked a bit tired" are not valid deductions.

What counts as actual damage (deductible)

Genuine damage is a different matter, and the landlord can legitimately deduct for it. This means harm beyond normal use, usually from negligence, misuse, or an accident, such as:

• A broken window, door, or appliance
• Cigarette burns, large stains, or holes in walls, floors, or furniture
• Missing furniture or fittings that were there at move-in
• Serious damage clearly beyond ordinary wear

The key word is beyond. If a reasonable person would say "that is more than normal living," it may be deductible. If it is just the flat looking used, it is not.

The part landlords hope you don't know: they have to prove it

Even for genuine damage, a landlord cannot simply announce a figure and keep your money. Spanish law puts the burden of proof on them. To make a deduction stand up, they need evidence: dated photographs, and invoices or quotes for the actual repair or replacement. "I reckon it will cost a few hundred euros" is not evidence. A vague claim with no paperwork does not hold.

And a deduction only justifies keeping the disputed amount, not your entire deposit. If they allege €150 of damage, that does not entitle them to sit on a €900 deposit. The rest is still owed to you, on time.

The classic fake deductions

Once you know the rules, the usual moves become obvious. Watch for these:

• "Repainting." Normal wear. Not deductible unless there is real damage beyond fair use.
• "Professional cleaning." Unless you left it genuinely dirty beyond normal, this is usually not a valid charge.
• "The sofa looked old." Wear and tear. Furniture ages.
• "General wear and tear." By definition, not deductible. The name says it.
• Round-number deductions with no invoices. A figure plucked from the air, with no proof, is exactly the kind of claim that collapses the moment you formally challenge it.

How to push back

If your landlord is deducting for things that are clearly wear and tear, or making claims with no evidence, you do not have to accept it. The approach that works:

• Ask them to itemise every deduction in writing, with photos and invoices for each. Very often, they cannot, and the claim quietly evaporates.
• Reference the law: normal wear and tear is not deductible, and deductions require proof.
• Send a formal demand for the amount they are wrongly withholding, with a deadline. A burofax makes this land.

Most fake deductions are a bluff. The moment you ask for evidence and cite the rules in a formal, certified demand, the bluff usually folds.

We call the bluff for you, in Spanish

Knowing your landlord's "damages" are nonsense is one thing. Saying so, correctly, in formal legal Spanish, in a document that carries weight, is another. That is the bit we handle.

Deposit Recovery Spain assesses the deductions your landlord is claiming, drafts a demand in correct legal Spanish that itemises what is actually owed and calls out invalid deductions, and sends it as a certified burofax through Correos with full proof. Every case reviewed by a Spanish abogado.

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