My landlord will not return my deposit: how do I claim it?

Question

José Manuel Alburquerque · Accepted Answer

First, in writing. Send the landlord a “burofax” (a certified letter with proof of content) stating the amount, your account number and a deadline for returning it, in which you also propose negotiating if the landlord disputes any deduction, because since April 2025 you must try to reach an agreement before bringing a claim. If the landlord does not pay, you can claim it in the court for the place where the property is located, without a lawyer or a court agent (“procurador”) if it does not exceed 2.000 euros. You can ask for the statutory deposit (the “fianza”), or the part withheld without justification, plus interest at the statutory rate (“interés legal del dinero”) from the month following the handover of the keys. The claim is made against the landlord, even if the deposit is lodged with the “Institut Català del Sòl” (INCASÒL), the Catalan public body that holds tenancy deposits. Before going to court Gather the evidence. The contract, proof that you paid the deposit, the date on which you handed over the keys and, if there is one, the document signed when you left recording the condition of the property, as well as dated photographs. In the burofax, ask the landlord to itemise each deduction with invoices or quotes. Give a reasonable time to pay, for example fifteen days. In the same letter, propose genuine negotiation, for example discussing the deductions or going to mediation. A mere demand for payment may not be enough as an attempt to reach an agreement. Keep proof that the landlord received it. If the end-of-tenancy document was not signed, or was signed without noting any damage, remind the landlord of this, because the law presumes that you returned the property in good condition. The claim If you have the contract and proof that you handed over the keys, you can use the “proceso monitorio”, a simple procedure for claiming money debts that are documented, which does not need a lawyer or a court agent to get started. If the landlord objects, the matter goes to a hearing. Otherwise, you file a claim under the “juicio verbal”, the procedure for claims of up to 15.000 euros. Up to 2.000 euros, you do not need a lawyer or a court agent. It is filed with the court for the place where the residential property or the commercial premises are located. Ask for the deposit, or the part withheld without justification, plus the costs and interest at the statutory rate from the month following the handover of the keys. Against the landlord and without delay The claim is made against the landlord, who is the person who owes you the deposit. The fact that INCASÒL has not yet refunded the deposit to the landlord does not justify the delay. If the landlord never lodged it, he or she still owes it to you. If the landlord is a company in the business of letting homes, you can also complain to the “Agència Catalana del Consum” (the Catalan consumer agency) or to the municipal consumer information office. Do not let time go by. In Catalonia it is not clear which time limit applies to this claim, although in no case is it less than five years. The prudent course is to claim in writing as soon as possible, because that interrupts the time limit. If there is no agreement, bring a claim without delay.