Barcelona Provincial Court exempts tenants from paying for routine painting and cleaning

The Barcelona Provincial Court has issued a ruling determining that tenants are not obliged to cover the cost of routine repainting or a thorough cleaning of the property upon termination of the tenancy agreement. The court establishes that the natural wear and tear of finishes and the preliminary cleaning required to reintroduce the property to the market are part of the landlord's maintenance obligations, and therefore cannot be directly deducted from the legal security deposit.

What's Changing

This judicial criterion clarifies the limits of Article 21.1 of the Urban Leases Act (LAU) and Articles 1,561 to 1,563 of the Civil Code regarding the condition in which a property must be returned. According to the ruling from the civil section of the Barcelona Provincial Court (registered with the Centre for Judicial Documentation, CENDOJ), continuous use of a property generates gradual, inevitable deterioration that does not equate to damage or culpable negligence.

The case that prompted this ruling originated in Sitges after a six-month tenancy. The landlords sought to retain the 3.200 euros deposit and demanded a total compensation of 8.056,49 euros, of which 2.558,70 euros was for repainting the entire flat and 228,69 euros for a thorough cleaning service. The court overturned the first instance ruling and found as follows:

• Exemption from general painting and cleaning: it completely dismissed the claims for 2.558,70 euros for routine repainting and 228,69 euros for cleaning, considering them to be maintenance costs inherent to the property.
• Return of the deposit: it ordered the landlords to return the 3.200 euros deposit along with legal interest.
• Assessed attributable damages: it reduced the tenants' liability to 1.612,21 euros, an amount corresponding exclusively to verified damage to furniture and the cost of repainting three rooms where the tenants had changed the wall colour without express authorisation.

Who Is Affected

This ruling is binding on all first instance courts throughout the province of Barcelona and serves as a practical guide for two key profiles:

• Landlords: can no longer apply standard clauses or retain deposits on the grounds that the property must be handed over "freshly painted", unless they provide conclusive evidence of extraordinary neglect or severe dirtiness.
• Tenants: are protected against unilateral deductions from their deposit intended for the aesthetic refurbishment of the property before the arrival of a new occupant.

What this means if you own a property in Catalonia

In Catalonia, the legal security deposit for urban tenancies must be compulsorily lodged with the Institut Català del Sòl (INCASÒL), which is attached to the Generalitat de Catalunya. However, INCASÒL acts solely as an administrative custodian and liquidator of the deposit (in accordance with Article 36.4 of the LAU), and therefore does not assess contractual disputes or disagreements regarding material damage.

Given that average deposits managed in Vallès and the Barcelona area frequently range between 700 and more than 1.000 euros per month, unjustified retentions for routine maintenance items often block substantial amounts upon termination of contracts.

What To Do Now

To avoid legal disputes and claims for interest on sums after the termination of a tenancy, it is advisable to apply rigorous documentation guidelines:

1. Draw up a handover report with a photographic inventory: at the time of signing the handover of keys, both parties should sign a document detailing the exact condition of walls, floors, and furniture, incorporating dated photographs.
2. Distinguish ordinary wear and tear from damage: slight marks from pictures or the passage of time on white walls constitute natural wear and tear; excessively unplugged holes, neglected damp stains, or knocks to carpentry are attributable damages.
3. Formally request the return of the deposit: the landlord legally has a period of 30 calendar days from the handover of keys to settle the balance and justify any pertinent deductions with invoices before legal interest accrues.
4. Preventive advice: it is advisable to review the wording of the rental agreement before signing to remove clauses that impose repainting obligations which are null and void. In case of persistent disagreement, it is recommended to consult the situation with a legal professional or a registered property manager.