The deposit is one of the most common doubts when renting a home in Spain. How much is delivered? What is the difference between bail and additional guarantee? How to document the state of the apartment to avoid conflicts?
How much bail is paid?
The Urban Leasing Law, article 36, generally establishes one monthly rent as a legal deposit for housing leases and two for leases for use other than housing. The specific classification of the contract matters, and there may be applicable regional regulations.
Bail and additional guarantee are not the same
The legal bond and other guarantees fulfill different functions. Before paying, ask for a breakdown by concept and verify that the conditions comply with the rules applicable to your type of contract.
What should you keep?
- Signed contract and annexes.
- Proof of each payment.
- Inventory of furniture and appliances.
- Dated photographs of the state of entry.
- Communications about breakdowns and repairs.
- Proof of delivery of keys upon completion.
When is it returned?
In leases regulated by the LAU, article 36 provides for legal interest on the balance of the deposit that must be returned after one month has elapsed from the delivery of keys without restitution. This does not mean that any amount claimed must be automatically returned: there may be justified discrepancies regarding outstanding obligations or damages.
How to avoid conflicts
Review the condition of the home with the other party, document any incidents, and request a written breakdown of any deductions. If a disagreement arises, seek guidance from the public housing or consumer services of your autonomous community.
Are you still looking for an apartment?
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Also check what to check before renting.
This information is general and does not substitute legal advice.
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