The Provincial Court of Huesca has confirmed that a tenant must pay 2,758 euros in unpaid rent, considering that she did not formally return the home to her landlady. The woman alleged that she had left the keys in a basket in the apartment and that the owner refused to pick them up or inspect the house to avoid return the deposit. However, the court considers that the informal delivery is not valid and that, as long as there is no effective restitution, the rent is maintained.
According to the ruling of October 8, 2025, the landlady filed a lawsuit claiming the accumulated income corresponding to six monthly payments, from October 2023 to March 2024, which were equivalent to more than 2,700 euros, since she stated that she did not receive formal communication of contract termination nor the keys to the property. For her part, the tenant alleged that she had left the house at the end of September and that she deposited the keys in a basket in the house, after warning the landlady of her departure.
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The Court of First Instance and Instruction of Boltaña ruled in favor of the landlord, terminated the rental contract and ordered the tenant to pay 2,758 euros, plus interest, but she appealed, insisting that she had delivered the keys her way and that the owner’s refusal was deliberate to return the deposit.
Leaving the keys at home is not enough to terminate the rental contract
The Provincial Court of Huesca dismissed the appeal and confirmed the ruling in the first instance, recalling that in accordance with article 11 of the Urban Leases Law (LAU) and article 1561 of the Civil Code, the tenant must effectively hand over possession of the home, which requires a formal and verifiable return of the keys, with the knowledge of the landlord.
The court considered that there was no evidence that the tenant communicated or documented the delivery of the keys in September. The keys appeared in March 2024, inside the house, with no record of when they were left. Therefore, it was understood that the lease remained in force until that time, and that the rent claim until March is valid.
In total, the tenant must pay six full monthly payments, from October 2023 to March 2024, a period in which the Court considered that there was no effective delivery of the property.
However, the sentence was not final and an appeal could be filed against it before the Supreme Court.