What has to be signed when handing back the keys?

Question

José Manuel Alburquerque · Accepted Answer

Since 8 October 2026, the law has required landlord and tenant to record in writing the condition of the home when the tenancy ends, in an end-of-tenancy document signed by both. If it is not signed, or if it does not record any damage, the home is presumed to have been handed back in good condition, unless the contrary is proved. At the same time, it is advisable to sign a receipt for the keys showing the date and to put in writing what is to happen to the statutory deposit (the “fianza”). Anyone who disagrees with anything recorded can sign it as “not agreed” and add their own version, preferably with their own photos. The end-of-tenancy document It should record: The condition of each room and any specific damage, with dated photos attached as an annex. The inventory of furniture and appliances, if the flat was let furnished. The water, electricity and gas meter readings. If the landlord does not record the damage at that point, it will be very difficult afterwards to deduct it from the deposit or to claim it. The rule that the tenant is liable for any deterioration of the home unless he or she proves that it was not his or her fault still applies, but that rule works for damage that has been recorded. If it was not recorded when the keys were handed over, it is presumed not to have been there and it is the landlord who has to prove it. If the tenancy agreement was signed before 8 October 2026 and has not been renewed since, it is not clear that this document is compulsory. For commercial premises the law does not require it, because it refers only to residential property. In both cases it is advisable to sign one anyway. The keys and the deposit The receipt for the keys, with the date, the time and the number of sets handed over. That date proves when the tenant returned the home, which matters for the last rent payment and for the deposit. What happens to the deposit. It is advisable to note the amount being returned, what is being deducted and why, within what period and to which account. If the landlord needs to inspect the flat carefully, the prudent course is to do so at the same time and before signing, because if the document does not record any damage, it is presumed that there was none. Anything that cannot be checked on the spot, such as whether an appliance works, should be noted expressly with a time limit for checking it. If a month passes from the handover of the keys without the landlord returning whatever is due from the deposit, that amount starts to earn interest for the tenant at the statutory rate (“interés legal del dinero”). In Catalonia, the return of the deposit to the tenant does not depend on the landlord having first recovered it from the “INCASÒL”, the Catalan government body with which deposits are lodged. If there is disagreement It is unwise to sign a “nothing further to claim” statement unless there is full agreement on the damage and the deposit. If the landlord refuses to take the keys or to sign, the tenant can offer them by “burofax” (a certified letter with proof of content). If the landlord still does not collect them, the tenant can deposit them with a notary or at the court, which provides a record that the flat was returned. If it is the tenant who refuses to sign, or simply leaves the keys, it is in the landlord's interest to record the condition of the flat straight away by other means, such as a notarial record (“acta notarial”) or dated photos taken in front of witnesses. Without a document, the flat is presumed to have been returned in good condition, although that presumption can be rebutted by evidence to the contrary.