The deposit is the most common point of conflict in monthly rentals, and most of the time the conflict is unnecessary. The rules are clear once you know them. Here they are, as of 2026, for tenants and owners.
How much deposit is normal?
For a seasonal rental (arrendamiento de temporada), Spanish rental law sets the legal deposit at two months of rent. That is more than for long-term leases, where one month applies. Any inventory provided with the home is covered too.
Anything beyond that is negotiation. The common, fair setup is two months of deposit and no further guarantees. Owners who demand four or five months drive good tenants away.
When does the deposit come back?
Under article 36.4 LAU, an outstanding refundable balance bears statutory interest one month after key return. This is not blanket permission to retain it for a month. Our new contract provides for the landlord to repay the undisputed balance directly within 14 calendar days after key return, independently of reimbursement by IBAVI. Deductions must be itemised, quantified and evidenced; normal wear is excluded.
The decisive tool is the handover protocol: the condition of every room, photos, meter readings, the inventory list, at move-in and at move-out. With a protocol, the refund is a formality. Without one, it is word against word.
Your rights as a temporary tenant
Even without long-term protection rights, a seasonal tenant is far from unprotected:
- Habitability. The home has to work: water, electricity, working appliances, and a usable heating solution in winter. Structural upkeep remains the owner's job.
- The contract binds both sides. The owner cannot put you out before the end date as long as you pay and stick to the contract.
- Privacy. For the duration of the contract, the home is yours. Owner visits happen by arrangement only.
- Utilities as agreed. Flat rate, metered billing or a cap: what was agreed applies. Ask for receipts if you pay by consumption.
The duties that go with it
Fair works both ways: you pay on time, report damage immediately, treat the furniture and the home with care, and hand back on the end date. A seasonal rental does not extend itself, and quietly staying past the end date is not a negotiation tactic, it is a breach of contract.
How to spot a fair landlord
- The deposit is stated in the contract and receipted
- A handover protocol with photos is standard, not a favour
- The utilities rule is written clearly, no surprise clauses
- The refund deadline is in the contract
In MUVAWAY's central model, the tenant pays the statutory deposit on conclusion of the contract through the assigned Stripe link. MUVAWAY forwards it in full, separately from rent and fees, without waiting for move-in. The landlord remains responsible for lodging it with IBAVI on time and providing proof. The signed contract governs; existing contracts are not changed by this model.
The handover record: the sheet that matters most
Most deposit disputes arise not from bad faith but because nobody can show what the flat looked like beforehand. A handover record settles that in twenty minutes.
What belongs in it: meter readings for electricity, water and gas if applicable, the number of keys handed over, the condition of walls, floors, bathroom fittings and kitchen appliances, and existing damage with photographs. Both sides sign, each keeps a copy.
Take the photos on your phone and email them to yourself — then they carry a date nobody can change afterwards. Repeat the same on move-out. With that in hand, the discussion at the end is about facts rather than memories.
What the owner may deduct — and what not
They may deduct documented damage beyond normal wear: a burn hole in the sofa, a cracked basin, missing keys. Plus outstanding utilities where usage is billed.
They may not deduct normal wear. Faded paint, small scratches in the parquet, a worn cushion — that is covered by the rent. Refurbishing a flat out of the deposit is not permissible.
Note that "documented" means an invoice or a quote, not an estimate. If you are given a flat deduction with no evidence, you can ask for the itemisation. With us the 14-day deadline is in the contract, so the matter does not drift into vagueness.
If the deposit does not come back
The first step is in writing: an email citing the contract, the deadline and a request for the itemisation. It sounds formal, but it works, because it puts the matter on record.
If that does not help, the Balearics have consumer arbitration bodies you can turn to before anyone goes to court. For sums the size of a deposit, litigation is rarely economical — arbitration, by contrast, costs nothing.
What helps most is prevention: a contract with a return deadline, a handover record with photographs, payments by transfer rather than cash. Three things that together head off almost every dispute.
Why we do not hold deposits
MUVAWAY collects the deposit for the landlord through Stripe and forwards it. It does not remain in a MUVAWAY escrow account until the tenancy ends. Lodging it with IBAVI and repaying the tenant are the landlord's responsibility.
The tenancy is between owner and tenant. MUVAWAY records IBAVI evidence, actual repayment and agreed evidenced deductions, but does not adjudicate disputed claims. A forwarded deposit is not refunded a second time through Stripe. See article 36 LAU and the IBAVI guidance.
Record the deadline and conditions with the other party before signing. Read more in the seasonal contract explained, on the fees page and under how it works.
This article is general guidance and does not replace legal advice for your specific case.