This one of the biggest conflicts between landlord and tenant. When the time comes for the termination of the rental contract, you as a tenant want to recover the rental deposit as soon as possible, but the understanding between both parties does not always occur. It is at that moment when you are looking for an answer to the question: How to recover the rental deposit?
Recover rental deposit
The autonomous communities except (Navarra, Rioja, Asturias and Cantabria) have regulated bodies where the housing rental deposit must be posted.
The Urban Leasing Law considers a period of one month for the owner to return the deposit. To be more specific, article 36 of this regulation states that “4. The balance of the cash deposit that must be returned to the tenant at the end of the lease, will accrue the legal interest, one month after the delivery of the keys by the same without said restitution having been made effective.
But for the owner to return your deposit, you will have to fulfill his obligations. Here we list the most important ones:
- That the house is in a good state of conservation.
- Give notice of the end of the lease with at least one month's notice.
- Be up to date with rent payments and other receipts.
If you comply with your obligations, at the end of the rental contract, the owner must refund the deposit you deposited with the competent body, if you are in an autonomous community where said deposit is mandatory.
And what happens if the landlord does not return the deposit?
If you, as a tenant, think that you have fulfilled your contractual responsibilities, but the landlord opposes the total or partial return of the rental deposit, it is always advisable to try to negotiate with the other party. Try to reach an agreement for the return of the rental deposit.
If the friendly procedure is not successful, at Audacia Abogados we advise you to send a burofax to the owner requesting the return of the deposit. Likewise, we want to indicate that, if you do not return the corresponding amounts, the corresponding legal actions will be initiated to recover the money you gave as a lease deposit.
And, if you still do not agree and as a tenant you want to recover your money, you will have to go to court to claim the amounts due. For this, it is essential to have expert legal advice on housing and leases.
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