When does my deposit have to be returned?
The law does not set an exact deadline, but it does set out what happens if the landlord is late. If the landlord does not return the statutory deposit (the “fianza”) within the month following the handover of the keys, whatever has to be returned to you starts to bear interest at the statutory rate (“interés legal del dinero”). That month allows the landlord to check the condition of the property and any outstanding bills, because what is returned is what remains after deducting whatever you owe. The time limit runs from when you hand over the keys, not from when the tenancy ends. All this applies equally to residential property and to commercial premises.
Alburquerque Abogados
José Manuel AlburquerqueThe month and the interest
Keep a record of the date on which you hand over the keys, in the document you both sign when you leave the property, in a receipt for the keys or, at the very least, in a message. Once the month has passed, the balance owed to you bears interest at the statutory rate, which is set each year by the State Budget Act. In 2026 it is 3,25 % a year. For example, if a deposit of 1.200 euros is returned to you four months after you hand over the keys, you are also owed 9,75 euros in interest, for the three months beyond the first. These are small amounts, but you can claim them together with the deposit.
What you get back
You get back the balance, that is, the deposit minus whatever you owe at the end, such as unpaid rent or utility bills or the cost of repairing any damage you have caused. Normal wear and tear cannot be deducted. The landlord must be able to justify each deduction. If you are given back less without an explanation, ask in writing for a breakdown. Since 8 October 2026, the law has required an end-of-tenancy document recording the condition in which the property is handed back to be signed when a residential tenancy ends. If it is not signed, or if it does not record any damage, you are presumed to have returned the property in good condition, unless the landlord proves otherwise. It is not clear whether this extends to contracts signed before that date, so it is advisable always to sign one.
In Catalonia and for commercial premises
In Catalonia, the landlord must lodge the deposit with the “Institut Català del Sòl” (INCASÒL), the body of the Generalitat de Catalunya (the Catalan government) that holds it while the tenancy lasts. That changes nothing for you. It is returned to you by the landlord, who cannot wait for INCASÒL to refund the deposit. Interest runs all the same. If the landlord never lodged it, he or she still owes it to you.
For commercial premises, the deposit is two months' rent and is returned under the same rule of one month from the handover of the keys. In Catalonia it is also lodged with INCASÒL. What the law does not require for commercial premises is the end-of-tenancy document, although it is advisable to sign one all the same.
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.