How to Protect Your Deposit in Spain
Spain's 30-day return rule, what counts as fair wear and tear, and how to document everything from day one.
The 30-day rule
Under Article 36 of the LAU, your landlord has exactly 30 days from the date you hand back the keys to return your deposit (fianza). After that deadline, you begin accruing legal interest on the amount owed and can initiate a claim.
What can they deduct?
Only actual damage beyond normal wear and tear. They cannot charge you for repainting walls after a standard tenancy, replacing items that were already old, or cleaning that falls within reasonable standards.
What you should do before leaving
Do a joint walkthrough with your landlord and get any observations in writing.
Take timestamped photos of every room on your final day.
Return keys formally and get written confirmation of the handover date - this starts the 30-day clock.
If they won't return it
A landlord who wrongfully withholds your deposit (fianza) faces a court order to repay it, your legal costs, and a potential penalty of 2 to 3 times the deposit amount. Most landlords back down quickly when they understand the legal exposure. rent.ai can draft a formal demand citing Article 36 in minutes.