In Catalonia, relations between tenants and landlords are regulated by clear rules, but these are not always well known. Questions often arise regarding the condition of the flat when it is returned or the payment of taxes. And when the contract ends, new concerns arise about the rights of each party, especially with regard to the return of the rental deposit. Does the tenant have to pay a penalty if they leave early? Can the landlord keep part of the money paid as a guarantee? Who is responsible for proving the condition of the flat? At Proddigia, we answer all these questions. We resolve all these key issues and give you the keys to getting your rental deposit back in Catalonia. First, let’s start by understanding which institution is involved.
What does INCASÒL do?
The Institut Català del Sòl (INCASÒL) is the body responsible for managing the deposit of rental contracts in Catalonia, both for residential and commercial properties. Its main function in this process is to act as a neutral entity: it holds the deposit during the term of the contract and, at the end of the contract, allows it to be returned in accordance with the regulations. To request the return of the rental deposit, the landlord (or their legal representative) must submit Form 3, which generates a Control Number (NC). This document uniquely identifies the transaction and allows the process to be tracked. INCASÒL is then responsible for reviewing the application and, if everything is in order, returning the deposit by bank transfer, in accordance with Article 13.3 of Decree 147/1997.When should a rental deposit be returned?
The return of the deposit must be processed once the lease agreement has expired, i.e. when the tenant has vacated the property, handed over the keys and the condition of the property has been checked. At that point, the landlord can initiate the refund process. If everything is in order and the required documentation has been provided, INCASÒL will refund the deposit within a maximum of 21 calendar days from the date of the request, directly to the landlord’s or authorised representative’s bank account. It is important to note that, although the landlord is the one who submits the request, the process must be based on the agreement reached with the tenant regarding the condition of the flat and any outstanding payments.What can be deducted from the rental deposit?
Catalan law provides for a number of situations in which the landlord may apply discounts to the deposit. These must be clearly justified and, in many cases, reflected in the contract: Non-payment of rent or utilities If the tenant fails to pay monthly rent or bills for water, gas, electricity or other services related to the property, the landlord may deduct these amounts from the deposit. Damage due to misuse The deposit does not cover normal wear and tear, but it does cover damage caused by negligence or misuse. Common examples include broken furniture, permanent stains or damaged appliances. Breach of contract If the contract establishes a minimum term and the tenant leaves early, a proportional penalty may be applied, deducted from the deposit. Lack of notice Generally, contracts include an obligation to give 30 days’ notice. If this is not complied with and has been expressly agreed, a penalty may be imposed in the form of a deduction. Poor cleaning or emptying When the tenant leaves the property in poor condition or with items that require removal or additional cleaning, these costs may be justified. Unauthorised modifications If work or changes have been carried out without consent, the landlord may deduct the cost of restoring the property to its original condition.How long does the landlord have to return the rental deposit?
The legal deadline for the landlord to request the return of the rental deposit is immediately after the end of the contract, but the maximum time INCASÒL has to make the refund is 21 calendar days from the date on which Form 3 is correctly submitted. This means that, if the documentation is complete and correct from the outset, the transfer must be made within that period. Otherwise, there may be delays justified by documentary incidents.How can I get my rental deposit back?
Before starting the process, the landlord or legal representative must gather certain documents and information:- The Control Number (NC) of Form Model 2 or the Registration Number of the bond. If you do not have this, you can check the status on the official INCASÒL website.
- A document signed by both parties certifying the termination of the contract (this may be the signed contract with the termination date, the handover of keys or a court ruling). If no formal documentation is available, a sworn statement from the owner may be provided.
- Proof of the bank account where the refund will be received. Only official documents issued by the bank (passbook, account opening contract or certificate) are accepted. Screenshots, statements or direct debit receipts are not accepted.
- NIF, foreigner identification number (NIE) or passport of the person receiving the refund.
- Exact date of termination of the contract and bank details of the account holder who will receive the payment.
