Your tenancy has ended, you handed back the keys, and weeks later the landlord still has not returned your deposit. In Spain the law is clearly on your side here: the landlord has one month from the day you return the keys to give the deposit back, and after that the money starts earning interest in your favour.

What is the fianza?

Every residential tenancy in Spain requires a legal deposit, called the fianza, equal to one month's rent. For other types of lease, such as a shop or an office, it is two months. Its purpose is to cover unpaid rent or damage the tenant leaves behind, not to become an extra payment for the landlord.

On top of the fianza, many landlords ask for an additional guarantee. For residential tenancies of up to five years (seven if the landlord is a company), that extra guarantee cannot exceed two months' rent.

The one-month rule

Article 36 of the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos) says that the balance of the deposit must be returned to the tenant when the tenancy ends. If it is not returned within one month of the keys being handed back, the outstanding amount accrues legal interest.

That is why the date you return the keys matters so much. Always hand them over in a way you can prove later: a signed receipt, a short handover document, or at least a message or email confirming the date.

What can the landlord deduct?

The landlord can only keep the part of the deposit needed to cover something you actually owe. In practice that usually means:

  • Unpaid rent
  • Unpaid bills or charges that the contract put on the tenant
  • Damage to the property or its contents caused by the tenant

What the landlord cannot charge you for is normal wear and tear. Faded paint, small marks from ordinary use or an old appliance that simply stops working are the landlord's problem, not yours. Any deduction must be justified, and if the matter reaches court it is for the landlord to prove the damage and its cost.

Can I just stop paying the last month's rent?

This is a very common idea among tenants, and a risky one. The fianza is a guarantee, not an advance payment of rent, and a tenant cannot decide on their own to use it as the last month. Doing so can leave you in breach of contract and gives the landlord an argument against you. The safer route is to pay until the end and claim the deposit back properly.

Where is my deposit held?

In Andalucía, landlords used to be obliged to lodge the fianza with the regional housing agency. The new Andalusian Housing Law removed that obligation for contracts signed from 24 January 2026. For older contracts, deposits already lodged are being returned as those tenancies come to an end, at the request of the interested party. None of this changes the landlord's duty towards you: the one who must return your deposit is the landlord.

How to claim it back

  • Gather your evidence: the tenancy contract, proof that you paid the deposit, proof of the date you returned the keys, and photos or an inventory of the property when you moved in and when you left.
  • Send a formal written demand. A burofax is the usual choice in Spain because it proves both the content and the date of delivery. State the amount you are owed and give a short deadline.
  • If there is no answer, go to court. Since 2025, before filing most civil claims you must be able to show that you made a genuine attempt to settle the matter out of court, so that written demand is no longer a formality: it is part of your case.
  • For claims up to 2,000 euros you can go to court without a lawyer or a court representative (procurador). Above that amount, you will need both.

You also have time on your side. A claim for the return of a deposit is a personal action, and you generally have five years to bring it.

What if I no longer live in Spain?

Many of our clients discover the problem once they are already back home. That is not a barrier. The claim can be brought in Spain on your behalf, and in most cases you will not need to travel for it.

In short: keep proof of the day you return the keys, document the state of the property, and do not let the landlord's silence run the clock for you. A clear written demand is often enough to get the deposit back, and if it is not, the law gives you a clear path to claim it with interest.