How do you recover a deposit lodged with INCASÒL?

The deposit lodged with the “Institut Català del Sòl” (INCASÒL), the Catalan public body that holds tenancy deposits, is recovered by the landlord, who is the one who made it. When the tenancy ends, the landlord must ask INCASÒL, within the following two months, to cancel the deposit and return the money. The tenant does not have to claim anything from INCASÒL. The tenant's statutory deposit (the “fianza”) is returned by the landlord, who cannot wait to be paid by INCASÒL before doing so, because once a month has passed since the handover of the keys, whatever the landlord has to return bears interest.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

What the landlord does

  • When the tenancy ends, the landlord asks INCASÒL to cancel the deposit and the registration of the contract in the rental-deposit register. The landlord has two months from the date on which the tenancy comes to an end.
  • The documents INCASÒL requires and how to submit them are explained on its website. It is advisable to have the deposit receipt and the details of the contract to hand.
  • INCASÒL returns what was lodged, which is the statutory deposit, of one month's rent for residential property and two for commercial premises. If it was updated during the tenancy, the increase also had to be lodged. Additional guarantees, such as a cash deposit or a guarantee, do not go through INCASÒL.
  • If the landlord never lodged the deposit, he or she still owes it to the tenant. In addition, the landlord is exposed to a fine and surcharges.

What the tenant does

If you are the tenant, claim the deposit from the landlord, not from INCASÒL. Lodging the deposit is an obligation the landlord owes to the public authorities and it does not change what the landlord owes you. Bear three things in mind:

  • The landlord must return the deposit to you, or whatever remains after deductions, even if INCASÒL has not yet refunded the deposit. Once a month has passed since the handover of the keys, the balance bears interest at the statutory rate (“interés legal del dinero”).
  • If the landlord asks you to sign a document confirming the end of the tenancy for INCASÒL, read it first. Do not sign to say that you have nothing to claim if your deposit has not been returned.
  • If you do not know whether the deposit was lodged, ask the landlord for the receipt. The landlord had to give you a copy within two months.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.