My tenant has left damage that the deposit does not cover: what can I claim?

Question

José Manuel Alburquerque · Accepted Answer

The full cost of repairing the damage the tenant has caused, even if it exceeds the deposit, because the statutory deposit (the “fianza”) does not limit what the tenant owes. Apply the deposit first and claim the difference, with invoices or quotes. If you can prove it, you can also claim the rent you lost while you were unable to let the property because of those repairs. You cannot claim for normal wear and tear. Evidence is decisive, because since 8 October 2026, if no document recording the condition of the property was signed when it was handed back or that damage was not noted in it, the property is presumed to have been returned to you in good condition, unless you prove otherwise. What you can claim The cost of repairing the damage caused by the tenant or by the people living with the tenant, less whatever you have already covered with the deposit. Rent and whatever the contract made payable by the tenant, such as utilities or service charges (owners' association fees), if left unpaid. If the tenant carried out works without your permission, that the property be restored to its previous state or the cost of doing so. You can also keep the works without paying anything for them. The rent you lost while the repairs lasted, if you prove that you could not let the property because of that damage. The courts ask for specific evidence. Evidence Since 8 October 2026, the law has required landlord and tenant to sign, at the end of a residential tenancy, an end-of-tenancy document recording the condition in which the property is handed back. If it was not signed, or if it does not record the damage, the property is presumed to have been returned in good condition. You can rebut that presumption with dated photographs from the day of handover, a notarial record (“acta notarial”), an expert's report or witnesses, comparing them with the inventory and the photographs from when the tenant moved in. If the document does record the damage, the long-standing rule of the Spanish Civil Code (“Código civil”) applies, under which the tenant is liable for it unless he or she proves not to have been at fault. The law does not make clear whether the document is compulsory for contracts signed before that date, but in all of them it is the best evidence. Take the photographs and obtain the quotes before carrying out repairs. For commercial premises, the same Civil Code rules and the terms of the contract apply, with no compulsory end-of-tenancy document. Whom to claim against and how The tenant, in writing, with details of each item of damage and its cost. Offer to negotiate, for example payment in instalments, because before bringing a claim you must try to reach an agreement. The guarantor, if the guarantee he or she signed also covers damage. Your insurer, if your policy covers vandalism by the tenant. Also the tenant's insurer, if the tenant's policy includes liability towards the landlord for damage to the property. If there is no agreement, a claim under the “juicio verbal”, the simplified procedure, if you are claiming up to 15.000 euros, without a lawyer or a court agent (“procurador”) up to 2.000 euros. The “proceso monitorio”, designed for documented debts, is a poorer fit, because damage has to be valued and proved. Do not wait. A written claim interrupts the time limit for bringing a claim in court. If the tenant also owes you rent, in Catalonia each monthly payment can no longer be claimed three years after it fell due.