Demand for the return of a rental deposit (Spain)
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For a tenant in Spain whose landlord has not returned the deposit after the keys were handed back: the letter claiming the deposit and any additional guarantee, with the statutory interest that runs once a month has passed since the keys were returned (article 36.4 of the Spanish Urban Leases Act), rejecting deductions the tenant does not accept and inviting the landlord to negotiate for thirty days, as Spain's Organic Law 1/2025 requires before going to court. Sent by burofax with certified content and proof of receipt. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- You moved out of a rented flat in Spain and the landlord still has not returned your deposit.
- Your former landlord is keeping part of the deposit for damage you do not accept.
- Weeks have passed since you handed back the keys and the landlord no longer answers.
- You want to claim your deposit back in writing before taking it further.
What you fill in
The details the document asks for.
- Tenant
- Tenant's address
- Tenant's DNI or NIE (Spanish identity number)
- Landlord
- Landlord's postal address (street, then postcode and town on the next line)
- City
- Date
- Address of the property
- Date of the contract
- Date of return
- Deposit in words
- Deposit
- Additional guarantee given, if any (type and amount)
- State of the flat when handed back
- Why you reject the deductions the landlord claims (if any)
- Amount claimed (in euros, the figure only)
- IBAN
Common questions
- When must a landlord in Spain return the rental deposit?
- When the lease ends, once the keys are handed back. Article 36.4 of the Spanish Urban Leases Act provides that the balance of a cash deposit bears statutory interest if it has not been returned a month after the keys were handed back; the statutory rate is 3.25% in 2026. The landlord may deduct what the tenant owes under the lease, such as rent, utilities or damage beyond ordinary use, and it is worth asking for each deduction to be justified.
- Why does the Spanish deposit demand invite negotiation and go by burofax?
- Since 3 April 2025, Spain's Organic Law 1/2025 requires an attempt at negotiation before a civil claim is filed; without it, the claim is not admitted. This letter is that attempt: it identifies the parties, fixes the subject (the deposit, any additional guarantee and interest) and gives thirty calendar days to reply. A burofax with certified content and proof of receipt proves what was sent and when; keep the receipt.
- What can a tenant in Spain do if the deposit is still not returned after the demand?
- If thirty days pass without a reply, or the negotiation fails, the tenant can claim before the Spanish court of first instance through a verbal trial or an order-for-payment procedure, attaching the burofax as proof of the attempt to negotiate. Up to €2,000 no lawyer or court representative is needed, and the courts provide free standard forms for such claims. This document is not the claim: it is the prior step the law requires.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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