Your landlord won’t return the deposit.

You have handed back the keys, the flat is clean and a few weeks later the deposit still hasn’t arrived. It is one of the most common problems between tenants and landlords, and also one of the easiest to solve if you follow the steps in order.

What the law says

For a home, the deposit is usually one month’s rent. The landlord can keep part of it to cover unpaid rent, bills or damage beyond normal wear and tear, but not for the ordinary use of the flat. From the day you return the keys, the landlord has one month to give it back. After that, the amount starts to earn legal interest.

Before you leave the flat

The best moment to protect your deposit is the day you move out:

• take dated photos and videos of every room;

• read the meters and keep a record;

• ask for a signed note confirming the date you returned the keys and the state of the flat.

If the landlord says there is damage, these records will be your main evidence.

Step 1: ask in writing

If the month has passed, send a short message or email asking for the deposit and giving your bank details. Keep it polite and factual. Many cases end here.

Step 2: a formal letter

If there is no answer, the next step is a formal letter with proof of delivery (in Spain, a burofax). It sets out the amount, the date you returned the keys and a deadline to pay. It also serves as evidence that you tried to solve things without going to court.

Step 3: a claim, if it comes to that

For amounts up to €2,000, you can bring a simple claim without a lawyer or a court representative. Even so, it helps to have advice on how to present it and which documents to attach. Above that amount, or if the landlord claims damage, it is worth having a lawyer from the start.

And if you are the landlord

If you want to keep part of the deposit, explain why in writing and attach the invoices or quotes for the repairs. Keeping it without explanation usually ends badly, even when there was some damage.

How we help

We read the contract, check your records and tell you whether the amount is worth claiming. When it is, we draft the formal letter and, if needed, the claim. When it isn’t, we tell you that too.