Something broke in my rental: who pays, and how to get your fianza back

The washing machine stops mid-cycle, full of water and your clothes. You message the landlord, and the reply is: "That's on you, you're the one using it." Is it?

It's one of the most common questions renters ask in Spain, and it came up again recently on Reddit, in a thread about a washing machine that broke in a rented flat. The honest answer is "it depends why it broke", but the law gives you a clear way to work it out. And the way you handle the repair today affects something you'll care about a lot later: getting your fianza (the security deposit) back when you move out.

This guide covers long-term home rentals under Spain's tenancy law, the Ley de Arrendamientos Urbanos (LAU, Ley 29/1994). It's general information, not legal advice.

The short version

• The landlord pays for repairs needed to keep the home habitable for its agreed use, unless the damage is your fault (LAU art. 21.1).
• You pay for small repairs caused by wear from ordinary, everyday use (LAU art. 21.4), and for damage you or people in your home caused (Civil Code arts. 1563 and 1564, which LAU art. 21.1 refers to).
• Tell the landlord quickly, and in writing. You have a legal duty to let them know as soon as possible (LAU art. 21.3).
• Your fianza is one month's rent for a home rental (LAU art. 36.1). If it isn't returned within a month of handing back the keys, the unpaid balance starts earning legal interest (LAU art. 36.4).

Who pays for what

Repairs that keep the home habitable: the landlord

LAU art. 21.1 says the landlord must carry out all the repairs needed to keep the home in a habitable condition for the agreed use, and can't raise the rent for doing so. The exception is damage that's the tenant's fault.

Small repairs from everyday use: you

LAU art. 21.4 puts on the tenant the "small repairs" that come from wear through ordinary use. The law doesn't list them. A worn tap washer or a blocked filter is the kind of thing people usually mean, but where the line falls in your case is a judgement call.

Damage you caused: you

Under the Civil Code, the tenant is responsible for deterioration of the rented property unless they can show it happened without their fault (art. 1563), and also for damage caused by the people in their household (art. 1564).

So, the washing machine?

The LAU's rules also apply to furniture and items the landlord rents to you with the home (LAU art. 2.2). So the question is mostly why it broke:

• It's old and simply gave out (the motor, the drum, the electronics): that looks like the landlord's job to repair or replace.
• It needs a small fix from normal use: that may be yours under art. 21.4.
• It broke because of misuse: that's likely yours (Civil Code art. 1563).

When the details don't match the story, for example a landlord insisting a ten-year-old machine failed "because of you" without anyone having looked at it, ask for a technician's report. Art. 21.3 actually gives the landlord the right to check the damage directly or send a technician, so it's reasonable to ask what they found.

How to ask for a repair (and keep a record)

1. Take dated photos and video of the problem as soon as you notice it.
2. Tell the landlord in writing (email or a message you can keep), describing what happened and when. The LAU requires you to report repairs "in the shortest time possible" (art. 21.3).
3. Let them, or their technician, inspect it (art. 21.3).
4. Keep every reply, quote and invoice.

What if it's urgent?

After telling the landlord, you can carry out repairs that are urgent to prevent imminent damage or serious inconvenience, and ask the landlord to pay you back straight away (LAU art. 21.3). Think a burst pipe, not a squeaky cupboard.

What if the landlord doesn't answer? (new in October 2026)

A government decree, Real Decreto-ley 29/2026, added a new procedure to the LAU, in force since 8 October 2026 (art. 21.5). When damage affects the home's habitability, safety or health, or a repair under art. 21.1 is needed, you can send a written request with a reasonable quote attached. The landlord then has 15 calendar days from receiving it to accept the quote, propose another repair, or do it themselves. If they don't answer or refuse without good reason, you can do the work and deduct the cost from future rent. The cost must be reasonable, match the damage, and be backed by documents.

Two cautions. First, a decree like this has to be confirmed (convalidado) by Congress, and an earlier version was overturned on 2 October 2026, so this rule could change. Second, deducting from rent is a serious step: get advice before you do it.

Short-term or "temporary" rentals

If your contract is a temporal (temporary) rental, for example because you moved for a job or a course, the same decree added art. 21 bis: the landlord has to handle habitability repairs and the small everyday ones, and must answer within five working days. Check which kind of contract you have.

Getting your fianza back

How much and where it goes

For a home rental, the fianza is one month's rent, paid in cash (in the legal sense: money, not a guarantee) when you sign (LAU art. 36.1). The LAU lets each region require landlords to deposit it with a public body (LAU additional provision 3). In the Comunidad de Madrid, the landlord deposits it with the Agencia de Vivienda Social. The deposit is mandatory for the landlord, and the Comunidad says it must be made within 30 days of signing (Comunidad de Madrid). The rules are set by Decreto 181/1996, and inspection and fines by Ley 12/1997 of the Comunidad de Madrid (BOE). This is the landlord's obligation, not yours. Other regions have their own bodies.

Some landlords also ask for a garantía adicional (an extra guarantee). For long-term homes it's capped at two months' rent, and they can't make you take out rent-default insurance (LAU art. 36.5).

When it should come back

LAU art. 36.4 says that if the balance of the fianza hasn't been returned one month after you hand back the keys, it starts earning interés legal (the official legal interest rate). The Comunidad de Madrid puts it more directly: the landlord should return it within one month of the contract ending and the keys being handed over.

The landlord can keep part of it to cover things you owe, such as unpaid rent or damage you caused. They can't keep it for normal wear and tear: under the Civil Code you return the property as you received it, except for what has deteriorated through time or unavoidable causes (art. 1561).

The move-out document (new in October 2026)

Since 8 October 2026, LAU art. 36.7 says that when the contract ends, both sides must record the state of the home in writing, in a documento de finalización del arrendamiento (end-of-tenancy document) signed by both. If there's no such document, or it doesn't mention any damage, the law presumes the home was handed back in good condition unless there's proof otherwise. This rule comes from the same decree, so it's also subject to Congress.

A move-out checklist

• At move-in: photograph every room, the appliances and any existing damage, and send the photos to the landlord by email so they're dated. If the condition isn't described, the law presumes you received the home in good condition (Civil Code art. 1562), which can work against you later.
• At move-out: clean, take the same photos again, and ask for the end-of-tenancy document to be signed.
• Ask in writing for the fianza back, with your bank details.
• If a month passes, remind them in writing that interest is now running (LAU art. 36.4). If you're still stuck, a consumer office or a lawyer can tell you your next step.

Before you sign your next rental

Most deposit fights start with a rushed move-in. Before you pay anything for your next place, run the listing through our free checker at justisimo.es/check. It can't tell you a listing is safe, but it can show you when the details don't match the story. And if you'd like help with repairs, deposits and paperwork in plain English, join the Justisimo waitlist.

FAQs

My landlord says the contract makes all repairs my responsibility. Is that valid? The LAU's rules for home rentals are generally protective of tenants, and the landlord's repair duty is in art. 21.1. Whether a specific clause is valid is a question for a lawyer, so don't sign away the repair duty without advice, and keep reporting repairs in writing.

Can I just fix it myself and send the bill? Only for urgent repairs, after telling the landlord (LAU art. 21.3), or, under the new art. 21.5, after a written request with a quote and 15 days without a reasonable answer. Otherwise, ask first.

Do I have to let the landlord's technician in? For checking repairs the tenant has reported, yes: the LAU says you must let the landlord or their technicians verify the condition of the home (art. 21.3).

How long does the landlord have to return my fianza? After one month from handing back the keys, the unreturned balance earns legal interest (LAU art. 36.4).

Can they keep the fianza for scuffs and normal wear? Normal deterioration through time or unavoidable causes isn't the tenant's responsibility (Civil Code art. 1561). Damage you caused can be deducted.

Is the Housing Law of 2023 relevant here? This guide relies on the LAU and the Civil Code. The 2023 Housing Law (Ley 12/2023) changed other parts of renting that aren't covered here.

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Justisimo is an information tool, not a law firm. This article is general information, not legal advice. The LAU changed on 8 October 2026 and the decree is pending confirmation by Congress, so check the current text before acting.

Sources: BOE: Ley 29/1994 (LAU), consolidated text · BOE: Civil Code, consolidated text · Comunidad de Madrid: Fianzas de arrendamiento · BOE: Ley 12/1997 de la Comunidad de Madrid