Use this security deposit guide to build a clear demand letter for Malaga.
Recovering Security Deposits in Malaga, Spain
Tenants in Malaga facing wrongful withholding of their security deposit (fianza) have clear legal protections under Spanish rental law. Whether you rented in the historic Centro, beachfront areas, residential neighborhoods, or anywhere in the Malaga metropolitan area, landlords have strict obligations regarding deposit returns.
Spanish rental law through the Ley de Arrendamientos Urbanos (LAU) establishes the framework for security deposits. The fianza is typically one month's rent for residential properties and must be returned when tenants fulfill obligations and leave property in appropriate condition.
Common deposit disputes in Malaga include landlords claiming excessive damage, refusing to return deposits, deducting for normal wear and tear, failing to itemize deductions, and retaining deposits beyond the legal timeframe. Tourist and expat rental markets create additional dispute scenarios.
Tenants can pursue recovery through negotiation, consumer protection, and civil court action. This guide explains the legal framework and strategies for deposit recovery.
Spanish Laws Governing Security Deposits in Malaga
Security deposit obligations derive from LAU and Civil Code.
LAU Article 36:
- One month's rent for residential
- Two months for commercial
- Landlord must deposit with Junta de Andalucía
- Interest accrues
Deposit Registration: Landlords must register fianza with Junta de Andalucía. Failure doesn't affect tenant's right.
Return Obligations:
- Return within one month of tenancy end
- Only legitimate deductions allowed
- Must justify deductions
- Interest to tenant if over 5 years
Normal Wear and Tear: Cannot deduct for: faded paint, worn carpets, scuffs, aging fixtures.
Burden of Proof: Landlord must prove damage.
Civil Code: Supplementary rules support tenant's right.
Remedies:
- Burofax demand
- Civil court (juicio verbal under €6,000)
- Deposit plus interest
- Damages for delay
Step-by-Step Guide to Recovering Security Deposits in Malaga
Recovering deposit requires documentation and proper procedures.
Photograph every room. Video walkthrough. Compare to move-in inventory.
Check: deposit amount, return conditions, inventory, landlord contact.
Request landlord attend. Walk through together. Note disputes. Both sign condition report.
Return with written confirmation. Signed receipt: date, keys, condition.
Send burofax: end date, deposit amount, bank details, forwarding address. Request within one month.
If proposed: request itemized list, demand evidence, compare to move-in.
Send burofax: explain why improper, normal wear reference, evidence, deadline.
If not returned: file in Juzgado de Primera Instancia. Under €6,000 juicio verbal.
Essential Evidence for Malaga Deposit Claims
Strong documentation crucial.
Move-In Documentation
Inventory signed, photographs, condition report, pre-existing damage.
Move-Out Documentation
Comprehensive photographs, video, cleaning receipts, keys receipt.
Tenancy Records
Contract, deposit receipt, rent records, correspondence.
Communications
Return requests, responses, burofax receipts, emails, WhatsApp.
Deduction Challenge
Comparative photos, evidence of normal wear, professional opinions.
Payment Evidence
Bank transfer, receipt, contract amount.
Timeline
Tenancy dates, deposit payment, return request, responses.
Organize chronologically.
Critical Deadlines for Malaga Deposit Recovery
Understanding timeframes protects rights.
Deposit Return (One Month)
LAU requires within one month. After, claim with interest.
Notification
Send formal demand if not returned. Burofax.
Court Action
No specific deadline but act promptly. General: 5 years.
Court Procedures
Juicio verbal: 3-6 months. Larger: 12-24 months.
Interest Accrual
From when should have been returned.
Evidence Preservation
Document immediately.
Common Mistakes in Malaga Deposit Recovery
Tenants weaken claims through errors.
Not Documenting Move-In
Without documentation, disputing damage difficult.
Not Documenting Move-Out
Photograph everything.
Leaving Keys Without Proof
Get written confirmation.
Accepting Verbal Promises
Get in writing.
Not Using Burofax
Essential for legal proceedings.
Accepting Unfair Deductions
Landlord must prove damage.
Not Claiming Promptly
Delays weaken claims.
Not Knowing Inventory
Review at tenancy start.
Frequently Asked Questions About Malaga Security Deposits
One month's rent residential. Two months commercial.
Within one month of tenancy end.
No. Only damage beyond normal use.
Harder but burden on landlord to prove damage.
Landlord must register with Junta de Andalucía.
Over 5 years yes. Otherwise if landlord delays.
Burofax then civil claim.
Under €2,000 no. €2,000-€6,000 optional. Above €6,000 recommended.
What to Expect in Malaga Deposit Recovery
Understanding outcomes helps approach.
Negotiated return, OMIC mediation, civil court.
Full return, agreed deductions. Many avoid court.
Full deposit, partial with legitimate deductions, interest, costs.
Negotiated: 2-8 weeks. Court: 3-6 months.
Move-out documentation, burofax, evidence, prompt action.
Malaga Security Deposit Resources
Resources for deposit disputes.
OMIC Malaga
Tenant rights advice. Ayuntamiento de Malaga.
Junta de Andalucía - Vivienda
Deposit registration inquiries. Website: juntadeandalucia.es
Colegio de Abogados de Malaga
Lawyer referrals. Website: icamalaga.es.
Justicia Gratuita
Free legal aid. Apply through Colegio.
Juzgados de Primera Instancia de Malaga
Civil courts.
Sindicatos de Inquilinos
Tenant unions.
The Rules They Don't Want You to Know
The Clock is Your Weapon
Most states give landlords 21-30 days to return your deposit or provide an itemized list of deductions. Know your state's deadline.
Document Everything
Photos, videos, inspection reports – evidence is king. Got proof? Use it.
Make Them Show Their Math
They can't just pocket your cash. Demand itemized deductions. No receipts? Demand a full refund.
The Security Deposit Power Play
Many states allow for double or triple damages for bad faith retention. Know the law, and don't be afraid to use it.
Security Deposit Real Talk
When do I send my demand letter?
Day after their legal deadline expires. Not a day later. They're banking on your hesitation.
What if they ghost me?
That's when it gets interesting. Document everything and head to small claims court. The judge won't be impressed by their silence.
What's normal wear and tear?
Minor scuffs, small nail holes, faded paint, worn carpet in traffic areas. Not normal: holes in walls, stains, broken fixtures, or pet damage.
Can they deduct for professional cleaning?
Only if you left the place dirtier than when you moved in. Normal cleaning isn't your responsibility if you left it reasonably clean.
What if I didn't do a move-in inspection?
Makes it harder to dispute pre-existing damage, but not impossible. Photos from online listings, previous tenant testimony, or property age can help.
How much can I sue for?
The deposit amount plus penalties. Many states award 2x or 3x damages for bad faith retention, plus court costs and sometimes attorney fees.
What if my landlord sold the property?
The new owner typically inherits deposit obligations. Both old and new owners may be liable. Check your state's transfer requirements.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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