Amid growing concerns about access to housing in Spain, the issue of deposit refunds remains a major problem for many tenants. Tenancy agreements are often a source of conflict, and in this context, Carla Gómez recently shared her experiences in a viral TikTok video, which has garnered nearly a million views.
Spain Press Editorial Team
In the video, Carla explains that her landlord withheld €1,300 from her €1,600 deposit without providing any relevant invoices or clear evidence. In this context, it is important to remember the provisions of Spanish tenancy law (Ley de Arrendamientos Urbanos, LAU) regarding deposits.
Maximum refund period: One month
A key point of the LAU is that landlords are required to return the deposit within one month of handing over the keys. If this period is exceeded, the deposit starts to accrue interest in favour of the tenant. According to Article 36 of the LAU, it states: “The deposit amount to be refunded to the tenant at the end of the tenancy will accrue the legal interest rate from the moment one month has passed since the keys were handed over by the tenant, without the refund having been made.”
The delay in the refund does not necessarily have to be related to conflicts or damages in the property. It is sufficient for the landlord not to return the deposit on time for the tenant to be entitled to interest, which ranges between 3% and 4% per year.
Penalties for failing to deposit the deposit with official authorities
Another issue for landlords is the legal obligation to deposit the deposit with an official body. In some autonomous communities in Spain, failure to comply with this requirement can result in high fines. These penalties can range from €10,000 to €90,000.
Carla Gómez: Unjustified deductions for repairs
In Carla’s case, she also complains that “necessary” repairs were deducted from her deposit, including €550 for painting, €70 for light bulbs, and even a new sofa, without being provided with detailed invoices or quotes. Instead, only a few receipts were presented as evidence.
In light of this situation, Carla has decided to file a claim under a “verbal procedure” since the amount in dispute is under €2,000, allowing her to submit the claim without a lawyer or court agent. According to the law, landlords are required to carry out necessary repairs to maintain the property in a habitable condition. However, small repairs resulting from normal wear and tear of the property are the tenant’s responsibility.
The debate surrounding deposits in the rental market
Such incidents highlight the growing concerns among Spaniards about the regulation of the rental market. With rising rent prices and a strained housing market, many tenants have found themselves trapped in disadvantageous contracts, facing either delayed deposit refunds or unjustified deductions. Despite existing laws to protect tenants, such as those regarding deposits, the enforcement of these regulations remains a problem in many cases.
What can be done in the event of a dispute?
Tenants in a similar situation to Carla can file a claim in court without a lawyer if the disputed amount is under €2,000. Additionally, there are consumer protection organizations and tenant associations that offer legal advice and support in such cases.
As the debate over the housing market in Spain continues, both landlords and tenants must be aware of their rights and obligations in order to avoid future conflicts and ensure that the rental market becomes more transparent and fair.
