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Claim for the return of the tenant's fianza (rental deposit)

Claim for the return of the tenant's fianza (rental deposit) is filed with Burofax al arrendador y organismo autonómico de fianzas (si estaba depositada). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your recurso (appeal) for you. Estimated total cost: €29 to €29. Official tasa (government fee): No tasa (official fee) for an individual consumer.

We draft the claim to the landlord for the return of the fianza (rental deposit) at the end of the tenancy (art. 36 Ley 29/1994 LAU, the Spanish Tenancy Act). It covers the automatic default under art. 36.4 LAU (statutory interest once 1 month has passed since the keys were handed back), additional guarantees under art. 36.5 (Ley 11/2023, a maximum of 2 months' rent for a main home), scrutiny of any damage alleged (the burden of proof lies with the landlord), the initial and final inventory, and recovery through the regional deposit body where the deposit was lodged (IVIMA in Madrid, other bodies elsewhere). This service covers the out-of-court claim: a burofax (legally certified letter) to the landlord and, if the deposit was lodged, a claim before the regional body. Any subsequent court route (juicio verbal, art. 250.1.5 LEC) requires a procurador (court agent) and is not included in this service. Limitation period: 5 years (art. 1964 CC).

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Estimated total cost
€29 to €29
Managora's fee
€35.09 (21% VAT incl.)
Tasa (official government fee)
No tasa (official fee) for an individual consumer. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Default interest runs from one month after the keys are handed back (art. 36.4 LAU). We draft and send the burofax within 48 hours and give the landlord 15 days to reply.
Where it is filed
Burofax al arrendador y organismo autonómico de fianzas (si estaba depositada) ↗
What you receive
Recurso (administrative appeal)

Cost breakdown: Our fee 29 euros, with no tasa (official fee) for an individual consumer for the deposit claim..

Claim for the return of the tenant's fianza (rental deposit): how is it filed?

  1. 1Answer the questions in the chat (around 6 minutes).
  2. 2We calculate the amount and how the interest under art. 36.4 LAU applies.
  3. 3Payment of 29 € for the advice and the drafting.
  4. 4We draft the burofax claiming the deposit from the landlord and hand it to you ready to send, with the calculation of the amount and of the interest.
  5. 5If the deposit was lodged with the regional body, we also prepare the claim to be filed with that body.

Which documents do you need?

  • •DNI (Spanish national identity document) / NIE (foreigner identity number).
  • •The signed tenancy agreement.
  • •Proof that the deposit was lodged (bank or regional body).
  • •Initial / final inventory.
  • •Photographs of the state of the property.
  • •Receipts for utility bills paid.
  • •Burofax / earlier claim.
  • •IBAN for the refund.

Legal basis and things to bear in mind

  • Legal framework: art. 36 Ley 29/1994 LAU (as amended by Ley 11/2023) plus arts. 1100, 1108 CC plus LEC.
  • Default after 1 month from the handing back of the keys (art. 36.4 LAU).
  • Additional guarantee: a maximum of 2 months' rent for a home (art. 36.5 LAU).
  • The burden of proving any damage lies with the landlord.
  • A subsequent court route exists (juicio verbal, a simplified civil procedure, art. 250.1.5 LEC) for which a procurador (court agent) is required: it is not included in this service, which covers the out-of-court claim.
  • Limitation period: 5 years (art. 1964 CC).
  • If the deposit was lodged with a regional body: it must also be claimed there.
  • Natural companion procedures: contrato_arrendamiento_local_negocio.

Claim for the return of the tenant's fianza (rental deposit): frequently asked questions

Claim for the return of the tenant's fianza (rental deposit): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €29 to €29: Our fee 29 euros, with no tasa (official fee) for an individual consumer for the deposit claim.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No tasa (official fee) for an individual consumer..

Claim for the return of the tenant's fianza (rental deposit): how long does it take?

Default interest runs from one month after the keys are handed back (art. 36.4 LAU). We draft and send the burofax within 48 hours and give the landlord 15 days to reply.

Claim for the return of the tenant's fianza (rental deposit): which documents do I need?

You need to have to hand: DNI (Spanish national identity document) / NIE (foreigner identity number)., The signed tenancy agreement., Proof that the deposit was lodged (bank or regional body)., Initial / final inventory., Photographs of the state of the property., Receipts for utility bills paid., Burofax / earlier claim., IBAN for the refund.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Burofax al arrendador y organismo autonómico de fianzas (si estaba depositada). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Burofax al arrendador y organismo autonómico de fianzas (si estaba depositada) ↗.

Shall we get started with «Claim for the return of the tenant's fianza (rental deposit)»?

We file it for you, from start to finish.

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