What can be deducted from my deposit?

Question

José Manuel Alburquerque · Accepted Answer

Whatever you owe at the end of the tenancy can be deducted from the statutory deposit (the “fianza”), such as unpaid rent or utility bills, plus the cost of repairing any damage you have caused to the property. Normal wear and tear from use and the passage of time cannot be deducted, such as paintwork that has aged or an appliance that breaks down because it is old. Each deduction must be supported by invoices or quotes. Since 8 October 2026, if no document recording the condition of the property is signed when it is handed back, or no damage is noted in it, you are presumed to have returned the property in good condition, unless the landlord proves otherwise. The same basic rules apply to commercial premises, although there what was agreed governs and the law does not require that document. What can be deducted Rent you did not pay. Amounts the contract made you pay that were left unpaid, such as utilities or service charges (owners' association fees), if they were agreed in writing. The cost of repairing damage caused by you or by the people who lived with you. Minor repairs required by wear and tear from everyday use that it was your job to carry out. In temporary residential tenancies signed since 8 October 2026, however, these too are the landlord's responsibility. If you carried out works without permission, the cost of restoring the property to its previous state, if the landlord requires it. What cannot be deducted Normal wear and tear from use and the passage of time, such as aged paintwork, light marks or wear to the floor. Breakdowns due to the age of the installations or appliances, which the landlord must repair. Amounts the contract can no longer pass on to you. In residential tenancies signed or renewed since 8 October 2026, clauses passing on to you the IBI (the local property tax) or other taxes on the property are not valid, unless you are the person liable to pay them. Nor can compensation for leaving early be deducted, if you left in compliance with the time limits and notice required by law. How the condition of the property is proved 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 is not signed, or if it does not record any damage, the property is presumed to have been returned in good condition. The landlord can prove otherwise with dated photographs, a notarial record (“acta notarial”) or an expert's report, but it will be harder. If the document does record damage, the long-standing rule of the Spanish Civil Code (“Código civil”) applies, under which the tenant is liable for deterioration 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, so the prudent course is always to sign one. Check it before signing and, if you disagree with anything, sign it with your own version noted on it. With commercial premises, what was agreed governs and, beyond that, the “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act, and the Civil Code. That is why things can be deducted that cannot be with residential property, such as the IBI if the contract makes you liable for it. There is no compulsory end-of-tenancy document. If you carried out works, check what the contract says about returning the premises to their previous state.