Your landlord has not returned your deposit: time limit and interest
When you hand over the keys, your landlord has one month to return the deposit to you. After that month, whatever remains to be returned accrues statutory interest (interés legal del dinero).
Reviewed on 9 October 2026Sources: Ley de Arrendamientos Urbanos · Real Decreto-ley 29/2026Who is behind this
The time limit: one month from when you hand over the keys
When the agreement ends and you hand over the keys, the landlord has one month to return the deposit to you. After that month, whatever remains to be returned accrues statutory interest (interés legal del dinero) (art. 36.4 LAU).
The month is counted from date to date: if you hand over the keys on 15 November, the time limit ends on 15 December and interest runs from the 16th. It runs until the day the money is returned to you, which no longer counts.
How much deposit you can be asked for at the start: How much deposit you can be asked for.
Art. 36.4 LAU
Which interest applies
Statutory interest (interés legal del dinero). It is set each year by the Ley de Presupuestos Generales del Estado (State Budget Act), and the calculation uses the rate of the calendar year of each day. The rates for each year are in the Banco de España's table.
The year can be counted by its calendar days (365, or 366 in a leap year) or as 360 days: we give both calculations.
Art. 36.4 LAU
Worked example
A person with a deposit of 900,00 € hands over the keys on 15-11-2022. The landlord accepts them and returns the whole deposit on 20-03-2023. The month ended on 15-12-2022, so interest runs from 16-12-2022 and crosses the change of year, with each year's rate:
- From 16-12-2022 to 31-12-2022 (16 days) at 3,00 %: 1,18 €.
- From 01-01-2023 to 19-03-2023 (78 days) at 3,25 %: 6,25 €.
The figures Each stretch is the deposit times the rate and times the days, divided by 100 and by the 365 days of the year: 900,00 € × 3,00 % × 16 ÷ 365 and 900,00 € × 3,25 % × 78 ÷ 365. In total, 7,43 € of interest; if the year is counted as 360 days, 7,54 €.
Art. 36.4 LAU
What we do not assess
If the landlord keeps part of the deposit for damage, cleaning or other items, the review notes each deduction as it was given to you and subtracts it from what remains to be returned. It does not assess whether it is justified or how much a repair costs.
In addition, Real Decreto-ley 29/2026, in force since 8 October 2026 and awaiting validation by Congress, provides for an end-of-tenancy document signed by both parties; if it is not drawn up or does not record any damage, it is presumed, unless proven otherwise, that the home was handed back in good condition (art. 36.7 LAU).
Art. 36.7 LAU · RDL 29/2026
Calculate what remains to be returned
In the rental review you enter when you handed over the keys, how much has been returned to you and when. It gives you what remains of the deposit and the interest, with both ways of counting the year, and can prepare a letter to request it.
Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos: consolidated text in the BOE.
Laws
- LAU, art. 36.4 (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos) in force
- disposición adicional 42.ª (Ley 31/2022, de 23 de diciembre, de Presupuestos Generales del Estado para 2023) in force
- art. 3.Dieciocho, que añade el art. 36.7 a la LAU (Real Decreto-ley 29/2026, de 6 de octubre) awaiting validation by Congress (pendiente de convalidación)
Frequently asked questions
How long does the landlord have to return the deposit?
One month from when you hand over the keys. After that month, whatever remains to be returned accrues statutory interest (art. 36.4 LAU).
From what day does the interest run?
From the day after the month is completed, counted from date to date, until the day the money is returned to you, which no longer counts (art. 36.4 LAU).
What interest applies?
Statutory interest (interés legal del dinero), set each year by the Ley de Presupuestos Generales del Estado (State Budget Act). The review uses the rate for each calendar year, from the Banco de España's table, for the days in that year (art. 36.4 LAU).
Can something be deducted from my deposit for damage?
This review does not assess whether a deduction for damage, cleaning or anything else is justified: it records it as it was given to you and does not include it in what remains to be returned.