The price of housing has become one of the main concerns of young people who want to become independent; For this reason, more and more people choose to rent. Owners who decide to rent their property must adhere to the provisions of the Horizontal Property Lawwhose reform prohibits non-residential or temporary use without the consent of the neighborhood community.
However, they must also follow the provisions of the Urban Leasing Law (LAU), which provides a series of rights and obligations to both parties, both landlords and tenants, to protect their interests. Among them, article 36.4, which establishes the obligation of the owners of return the deposit within a specified periodprovided that the conditions of the contract are met.
The deposit return period
Landlords must return the deposit to the tenant within a maximum period of one month after the tenant has handed over the keys. If this period is exceeded, the owners may face financial penalties whose amount It will depend on the number of days the payment has been delayed..
As established in article 36 of the LAU, the deposit will be mandatory when a rental contract is carried out and must be “equivalent to one month’s rent” whenever a home is rented, and two monthly payments when it comes to other types of properties. An amount that the owner must retain for return it to the tenant when the lease ends.
This money acts as a guarantee, so the owner can keep it whenever structural damage or non-payment occurs. Nevertheless, one of the most common conflicts between landlords and tenants It occurs when the former do not want to return the deposit, despite the fact that there are no reasons for its retention.
Reasons why the owner can keep the deposit
That is when the Urban Leasing Law comes in, establishing a maximum period in which the owners must return the amount of the deposit. The provisions of article 36.4 are that “the balance of the cash deposit that must be returned to the tenant at the end of the lease will accrue legal interest, one month has elapsed since the delivery of the keys for the same without said restitution having been made effective”.
Likewise, it should be taken into account that the owners will only be able to keep the deposit when they can demonstrate that there have been damage to the home caused by improper maintenance and use or when there are non-payments of both rent and utility bills.
Otherwise, and if this period of time is exceeded, the landlord will be in debt to the tenant, generating legal interest in his favor. According to the Bank of Spain, the legal interest on money in 2026 is 3.25% per year. Likewise, the days of delay will be taken into account to calculate the amount that the owner must return. However, for this The tenant must claim in writing.
How can the tenant complain?
To carry out this procedure, the tenant must have both the signed rental contract and proof of payment of the deposit and the key delivery certificate. Furthermore, to confirm that the deposit has not been retained due to structural defects, it is essential have photographs of the state of the property at the time the agreement was finalized rental.
On the other hand, you must present evidence showing that the money has been claimed in advance, without having received a response from the owner. The ideal, according to lawyers, is to send a burofax or, failing that, do it by email or certified letter. With this information, a legal claim may be filed.