When you decide to leave your rental home in Madrid, you must follow a specific process. This guide explains how to notify your landlord, hand over your keys, and reclaim your deposit.
Check your notice period
You must review the notice period terms in your contract before making plans to move.
By Spanish law, you have the right to leave after six months of tenancy. You must give your landlord a written notice at least 30 days before you leave. Send this notice by email and request a written confirmation of receipt.
If you expect a dispute with your landlord, send the notice by burofax. A burofax is a certified letter sent through the post office (Correos). It provides legal proof of the delivery date and the content of your letter.
Early termination penalties
The contract can specify a penalty if you leave the apartment before the agreed year ends. The maximum legal penalty is one month of rent per unused year of the contract.
This penalty must be written in the contract. If it is not written, you do not pay any penalty.
Prepare the apartment
You must return the property in the same condition as when you first moved in.
Cleaning and repairs
Clean the entire apartment well. Remove all your personal belongings and trash.
If you painted the walls, you might need to paint them back to their original colour. Repair any minor damage you caused, such as holes in the walls from picture frames.
Check the inventory list
Check the inventario (inventory list) included in your lease contract. Ensure all listed furniture, kitchenware, and appliances are clean and present in the apartment. The landlord can deduct money from your deposit to replace missing items.
Take photos
Take high-quality photos of every room on your move-out day. Document the clean condition of the property.
Take close-up photos of appliances, walls, and furniture. These photos protect you from false damage claims.
Hand over the keys
You must schedule an in-person meeting with the landlord on your final day.
The key handover document
During the meeting, inspect the apartment together. You must sign a move-out document.
This document is called the documento de entrega de llaves (key handover document). Never return the keys without signing this document. It is your only legal proof that you left.
The document must state these details:
- The exact date you returned the keys.
- Any agreed damages or cleaning issues.
- That the landlord accepts the return of the property.
- The status of the deposit return.
Signing with reservations
Sometimes you and the landlord will disagree about damages during the inspection. The landlord might write a list of damages that you did not cause.
Do not refuse to sign the key handover document because you need to prove you returned the keys. Instead, sign the document and write con reservas (with reservations) next to your signature.
Write a note on the document stating which damages you disagree with. This prevents the landlord from claiming that you agreed to the deductions.
Reclaim your deposit
The landlord must return your security deposit after you move out.
By Spanish law, the landlord has 30 days to return your fianza (deposit). This period starts on the day you sign the key handover document. If they delay the payment past 30 days, you can legally charge interest.
Deductions for final bills
The landlord will receive the final utility bills after you move out. They can deduct these costs from your deposit before returning the remaining money. Ask for copies of the final bills to verify the calculations.
Demand formal invoices for deductions
If the landlord makes deductions from your deposit, they must justify the costs. They cannot guess the repair prices.
The landlord must provide you with formal invoices (facturas) from the repair professionals. If they cannot show a factura, they cannot deduct the money.
If they refuse to provide invoices or return the deposit after 30 days, send a formal demand letter by burofax.
How the apartment deposit works in Spain
Questions and answers
Can I leave the apartment before six months?
No. Under Spanish law, you must stay in the apartment for at least six months. If you leave earlier, the landlord can demand that you pay the rent for the remaining months.
Can I use my deposit to pay the last month of rent?
No. The fianza is for damage and unpaid bills. You cannot use it as rent. You must pay your last month of rent as normal.
Who pays to paint the walls when I leave?
The landlord. Faded paint is considered normal wear and tear (desgaste por el uso ordinario). You only pay for painting if you painted the walls a different colour or damaged them.
What if the landlord refuses to sign the key handover document?
Leave the keys with a notary. If the landlord refuses to meet you, deposit the keys with a notary (notario). This legally proves you returned the keys on time.
How do I stop my utility contracts?
Transfer them back to the landlord. You should not cancel the utility contracts. Instead, complete a cambio de titularidad (change of ownership) to transfer them back to the landlord or the new tenant.
