What Is a Deposit Reimbursement in Spain?
When renting or buying property in Spain, it’s common to pay a security deposit or reservation deposit. But getting that money back isn’t always easy. At Borderless Lawyers, we help expats, tenants, and international buyers recover deposits withheld unfairly or due to contractual violations.
✅ We handle negotiations, formal claims, and court actions where necessary.
🏠 Rental Deposit Reimbursement
Under Spanish law (Ley de Arrendamientos Urbanos), landlords must return your rental deposit within 30 days after the tenancy ends—unless justified deductions apply.
🔹 Key Points for Tenants
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Standard deposit = 1 month’s rent (plus extra guarantees in some contracts)
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Must be deposited by landlord with the regional housing authority in many regions
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Deduction is allowed for:
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Unpaid rent or utilities
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Property damage beyond normal wear and tear
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🧾 Always request an inventory and signed inspection report at check-out
⚠️ Common Disputes
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Unjustified deductions for minor wear
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Delayed deposit return
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No official deposit registration (illegal in some regions)
🔍 Our legal team will assess the lease agreement, deposit registration, and conduct recovery proceedings.
🏡 Property Purchase Deposit Reimbursement
When purchasing property in Spain, buyers often pay a reservation deposit or arras contract (contrato de arras). These deposits usually range from €3,000 to 10% of the property price.
🔹 Types of Arras Contracts:
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Confirmatory arras: Deposit applies toward the final price
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Penal arras: If the buyer withdraws, they lose the deposit; if the seller withdraws, they owe double the deposit
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Option contracts: Allow withdrawal within a certain period
📝 Always have arras contracts reviewed by a property lawyer to ensure protection
⚠️ Recovery Situations
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Seller fails to complete the sale
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Title issues or mortgage irregularities discovered
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Buyer withdraws with valid legal justification
📌 Spanish law protects buyers from fraudulent or abusive seller behavior
🛠️ How We Help Recover Deposits
1. 📑 Lease or Contract Review
We evaluate your rental or purchase agreement to determine legal validity and obligations.
2. ✉️ Formal Demand Letter
We send a certified legal demand to the landlord or seller requesting refund and citing applicable laws.
3. ⚖️ Mediation or Small Claims
We represent you in out-of-court negotiations or file a judgment claim in Spanish court if needed.
4. ✅ Recovery or Enforcement
We recover the deposit or enforce the judgment against the property or assets of the counterparty.
💬 Real Case Example
Case: A Dutch expat in Valencia was denied her rental deposit due to “cleaning costs” and minor paint scuffs. We filed a formal demand with evidence, and the landlord reimbursed the full deposit within 10 days to avoid court action.
🤝 Why Work With Borderless Lawyers?
✅ English-speaking Spanish lawyers
✅ Specialists in property and tenancy law
✅ Fast response and legal clarity
✅ Court and pre-court representation
✅ Transparent, fixed-fee services available
📌 Deposit Law Tips for Expats
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Always keep receipts, inspection photos, and written communications
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Make sure your deposit is officially registered where required
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Never pay large sums without a written, signed agreement
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Seek legal advice before signing any arras or lease
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🚀 Need Help Getting Your Deposit Back in Spain?
Whether you’re a tenant, buyer, or foreign investor, Borderless Lawyers can help you recover funds and enforce your rights. Let us handle the legal work while you focus on your life in Spain.
📞 Get a free consultation to discuss your situation confidentially with our property and contract lawyers.