What a Landlord Can Legally Deduct From Your Rental Deposit in Uruguay (2026)
INGAR · · Rentals
What a landlord can charge you for — and what they can't
A landlord is entitled to claim unpaid rent and any damage the tenant is responsible for. What they cannot charge you for is deterioration caused by the passage of time, ordinary use of the home, force majeure, the age of the building, or a construction defect.
The hard part is rarely the rule itself — it's the evidence. What condition was the home in on move-in day? What changed during the tenancy? What actually caused the damage? That's why a signed inventory, dated photos, and a key-handover record often decide whether the deposit is released by mutual agreement or the argument ends up in front of a judge.
If you're still weighing which type of guarantee to rent with, start with which rental guarantee makes the most sense. And if you want to know where the money is supposed to sit during the lease, we cover that in who is allowed to hold your deposit.
The short answer
When a tenancy ends, depending on the lease and the guarantee used, a landlord may claim:
- unpaid rent;
- utilities, building fees, or other obligations that fall to the tenant;
- damage that genuinely exists and is attributable to the tenant's fault, or to that of people the tenant answers for;
- reasonable, documented costs of repairing that damage.
What should not be charged to the tenant:
- wear produced by time and legitimate use;
- damage arising from force majeure or an act of God, subject to the evidentiary exceptions the law provides;
- deterioration caused by poor construction quality, the age of the property, or building defects;
- repairs that are the landlord's responsibility;
- vague or arbitrary sums that never identify what was damaged or how the cost was calculated.
None of this gives a landlord the right to unilaterally withdraw a bank-held deposit. If the money is deposited with the Banco Hipotecario del Uruguay (the state mortgage bank, which also holds rental guarantee deposits), releasing it requires the bank's own procedure: agreement between the parties, or, failing that, a court order.
The core rule: tenants don't pay for normal wear
Article 1819 of the Código Civil (Uruguay's Civil Code) requires the tenant to keep the home in the condition in which it was received — but the tenant is not liable for deterioration arising from:
- time and legitimate use;
- force majeure or an act of God;
- poor building quality;
- the property's age;
- the nature of the ground it sits on;
- construction defects.
The word that decides everything is cause. Two problems that look identical can have completely different culprits. A faucet may drip because someone knocked it or because a washer simply reached the end of its life. A wall may stain because of a structural leak or because of something the occupant did. Before anyone decides who pays, someone has to establish what produced the damage.
Article 1798 rounds out the rule: even when a repair is normally a "tenant repair" — one of those that customarily falls to the renter — the landlord has to cover it if it became necessary through force majeure, an act of God, or poor quality in the property itself.
So "the tenant always pays for this" doesn't settle anything. Cause comes first.
What counts as a tenant repair
Under Article 1818, tenant repairs (reparaciones locativas) are those that local custom places on the renter, and, broadly, those made necessary by deterioration that ordinarily results from the tenant's fault or that of the people working for them.
Article 1820 spells out specific obligations. Among them:
- preserving the interior integrity of walls, rooftops, flooring, and plumbing, on the terms the provision sets out;
- replacing broken glass in windows, doors, and partitions;
- keeping doors, windows, and locks in working order;
- keeping walls, floors, and other interior surfaces "reasonably clean."
The statutory phrase is "reasonably clean" — not "like new." Nor does the Code say anywhere that every home must be handed back freshly painted.
That list has to be read alongside Articles 1798 and 1819. The fact that Article 1820 mentions glass, for instance, doesn't automatically mean the tenant pays for a pane shattered by an extraordinary storm. The cause of the damage still matters.
Serious negligence toward these obligations can open the door to a damages claim, and even to a suit to terminate the lease.
How the burden of proof actually works
Article 1827 sets out two important presumptions.
When move-in condition was never documented
If the lease doesn't specify what condition the home was in when it was handed over, the tenant is presumed to have received it in good repair and to owe its return in that same condition, allowing for the deterioration that comes with legitimate use and enjoyment.
The presumption can be rebutted. Messages sent at the start of the tenancy, maintenance complaints, dated photographs, technical reports, and witnesses can all help — though a signed inventory tends to make the case far more cleanly.
When the damage appeared during the tenancy
For damage and losses occurring during the tenancy, the burden falls on the tenant to prove they weren't caused by their own fault or by that of the people they answer for.
That doesn't mean a landlord can invent a defect or put any price on it. To sustain a claim, the damage has to be identifiable, tied to the period of occupancy, and costed. The Article 1827 presumption shapes how responsibility is assigned; it doesn't turn an unsupported figure into a debt.
The exceptions worth knowing
Article 1827 itself points to Articles 1824 and 1825.
If the tenant proves force majeure or an act of God — or if the event is a matter of public knowledge — the burden shifts to the landlord to show that fault nonetheless lay with the tenant, their family, employees, guests, or subtenants. In the case of fire, the Code presumes an act of God until the landlord or injured party proves that fault.
Which is why "the tenant always has to prove everything" is a bad summary of the rule. How the burden is distributed depends on what's being disputed.
The move-in inventory: what belongs in it
An inventory is a description of the home's actual condition and of whatever comes with it. Ideally it's done before the move, or on the same day the keys change hands.
It should cover:
- the condition of walls, ceilings, floors, doors and windows, and curtains;
- damp, cracks, stains, and outstanding repairs;
- whether faucets, the water heater, air conditioning, and other equipment work;
- furniture and appliances included in the rental;
- how many keys, remotes, and access devices there are, and their condition;
- meter readings where relevant;
- dated photographs clearly matched to each observation.
A good inventory is signed by both landlord and tenant. If an agency is involved, it's worth noting the capacity in which each person signs.
Photos or video kept only on your phone still count as evidence, but they invite more argument. To strengthen them:
- keep the original files;
- send the material to the landlord or the agency the same day;
- describe each defect in writing;
- ask for confirmation that it was received and accepted;
- hang on to the replies and to any later maintenance requests.
A signed inventory isn't the only way to rebut the Article 1827 presumption, but it's usually the most direct one.
What to look at, defect by defect
No table can resolve every case without knowing the cause. Use this as a guide to what should be investigated:
| Situation | What to check |
|---|---|
| Faded or worn paint | Age of the paint, length of the tenancy, initial condition, and whether this is normal wear or abnormal staining and damage |
| Holes or fixtures in walls | Number, size, how the home was used, whether permission was given, and what the lease says |
| Faulty faucets or plumbing | Age of the installation, maintenance history, technical reports, and any impacts, blockages, or pre-existing defects |
| Damp | Source of the leak or condensation, history of complaints, ventilation, and possible construction defects |
| Broken glass | How the break happened, and whether force majeure, an act of God, a defect, or occupant fault was involved |
| Lock or door/window that won't work | Initial condition, age, wear, maintenance, and the specific cause of the failure |
| Marks or breaks in the flooring | The difference between normal signs of use and one-off damage such as burns, impacts, or deep scratches |
| Broken appliance | Inventory, age, maintenance, technical diagnosis, and signs of misuse |
A repair quote can help put a number on a claim, but on its own it proves nothing about whether the tenant caused the problem.
The move-out record matters as much as the move-in one
Before you hand back the keys, walk through the property with the landlord or the agency and compare its final condition against the original inventory.
The move-out record should note:
- the date and time of the inspection;
- the condition of every room;
- any defects observed and each party's position on them;
- final meter readings;
- how many keys and remotes were handed over;
- any known debts, or a note that none were identified at that point;
- anything still pending verification.
Ask both parties to sign it and each to keep a copy. If you don't agree about a particular item of damage, there's no need to manufacture a false consensus: the record can simply state that there's a disagreement.
If the other side won't sign or won't show up, document the condition anyway with photos and video, give written notice of the move-out date, and get advice before deciding what to do with the keys.
Handing over the keys
Article 1829 of the Código Civil provides that the property is returned by vacating it completely, placing it at the landlord's disposal, and handing over the keys.
Don't hand over keys without proof. Ask for a receipt showing the date, the property, who received them, and how many were handed over.
Equally, don't hold on to them indefinitely if the landlord refuses to take them. In that situation:
- formally offer to hand them over and keep a record of the offer;
- state that the property is vacant and available;
- stop using it;
- talk to a lawyer right away about the proper route, including a possible court deposit of the keys (consignación judicial).
Don't think of that court deposit as an automatic formality that always stops the rent clock from day one. Its effects depend on whether the offer and the procedure were legally sufficient, and that has to be assessed case by case.
About to sign the handover record? We can help you work out what documentation to ask for and which commercial terms of the tenancy should be nailed down before you give back the keys. Message us on WhatsApp. For a legal dispute, consult a professional.
How a BHU deposit gets released
When the guarantee is deposited with the Banco Hipotecario del Uruguay, the landlord cannot deduct and withdraw the amount they say they're owed on their own say-so.
Under BHU's current rules for rental guarantee deposits:
- the depositor can withdraw all or part of the deposit with the beneficiary's express authorization;
- where debts have arisen from the occupancy, the bank can release to the beneficiary whatever funds the depositor expressly indicates;
- absent an agreement, the withdrawal has to go through the competent court and requires a judicial order.
In practice, a landlord's claim doesn't by itself produce a deduction. The parties can agree on what each is owed. If they can't, a court decides.
The rules on setting up the deposit, its maximum amount, and who holds it are covered separately in rental guarantee deposits in Uruguay.
If your guarantee is a rental insurance policy
With insurance there's no tenant deposit sitting somewhere waiting to be released. There's a policy and a premium, and any cancellation, refund, or claim is governed by the general, particular, and special conditions you signed up to.
Under Porto Seguro's PS-2022 General Conditions for rental insurance, the property-damage coverage provides that:
- the damage must have been caused by the tenant or be attributable to them;
- it must be acknowledged and its value set by an adjuster appointed by the insurer, or by a final court ruling;
- before handover, the insured party must draw up an inventory of the property's condition;
- the original inventory, signed by tenant and insured, must be sent to the company for that coverage to be accepted.
These conditions matter if the policy you bought includes property-damage coverage. They shouldn't be generalized to every insurer or every type of policy.
The maximum liability limit for damage is not necessarily 18 months' rent: Porto's current general conditions point to the amount set in each policy's particular conditions. To know the real limit, you have to read your own document.
Nor does a landlord's one-sided estimate automatically bind the tenant or the insurer. Under the coverage cited, Porto provides for its own adjuster or a final court ruling to fix the compensable amount.
ANDA and the state rental guarantee service
Guarantees from ANDA (a large Uruguayan cooperative that issues rental guarantees) and from the Servicio de Garantía de Alquileres run by the Contaduría General de la Nación (the national accounting office) are institutional backing — not bank deposits handed straight to the landlord.
Each institution has its own rules for giving notice of termination, canceling the guarantee, and processing debts or damage. Before you hand over the keys, check the procedure that applies to your contract and confirm what documentation the landlord, the agency, and the tenant each have to sign.
There's no single procedure that works for every guarantee.
No-guarantee leases under the LUC
If your lease is validly governed by the no-guarantee regime of Ley 19.889 (the 2020 "urgent consideration" law, known as the LUC), there shouldn't be any deposit to recover in the first place. The absence of guarantees in the landlord's favor is one of the requirements of Article 421.
Article 459 provides for a fine of between one and five months' rent where a landlord fakes the absence of guarantees in order to shelter under that regime. The money goes to the tenant, but the fine isn't automatic: a judge has to weigh in, decide whether there was in fact a sham, and set the amount.
A lease containing an incompatible guarantee may well fall outside the no-guarantee regime. That alone doesn't establish, in every case, that the conduct Article 459 penalizes has occurred.
The full explanation is in renting without a guarantee under the LUC regime.
What to do if you're hit with a deduction
Don't accept or sign an agreement you don't understand or aren't comfortable with. Ask for time to review the paperwork.
Request the following in writing:
- what obligation or damage is being claimed;
- where it is and when it was identified;
- why it's considered attributable to the tenant;
- which part of the inventory or the lease supports the claim;
- how the amount was calculated;
- what quote, invoice, report, or expert assessment backs it up.
Then compare the claim against your move-in inventory, your initial and final photos and video, any defect notices you sent during the tenancy, repairs requested or carried out, the lease, receipts for rent, building fees and utilities, the move-out record, and the key receipt.
Reply in writing too, point by point. An orderly exchange makes it much easier to separate what's been proven from what's still in dispute.
If you've received a formal demand — judicial or otherwise — with a deadline attached, get advice immediately. Don't assume that an informal reply stops the clock.
Free legal advice
The Consultorio Jurídico at the Universidad de la República's law school offers free consultations by appointment.
According to the requirements published by the school, as of July 27, 2026, consultations are open to people who live in Montevideo, have gross income of up to $55.000 a month, and book an appointment in advance.
Consultations are in person. The page also notes that the Consultorio doesn't take criminal-law or domestic-violence matters. Since slots, dates, and income thresholds can change, check the official information before you go.
Frequently asked questions
Can they charge me for repainting?
Not automatically. You have to look at the condition at move-in, how long the tenancy lasted, how old the paint was, how the home was used, and what caused the deterioration. Wear from time and legitimate use is excluded by Article 1819. A stain, alteration, or damage attributable to the occupant may be treated differently. The lease should be reviewed as well, but a clause shouldn't be read in isolation from the applicable rules or from what actually caused the damage.
Does the landlord have to prove the damage exists?
A claim has to identify the damage and put a figure on it. That said, if it's shown that the damage or loss occurred during the occupancy, Article 1827 places the burden on the tenant to prove it wasn't their fault — subject to the special rules in Articles 1824 and 1825.
What if I never did an inventory?
It doesn't mean the case is lost, but the law presumes you received the home in good condition. You can try to prove otherwise with photographs, messages, emails, maintenance complaints, technical reports, witnesses, and other records.
Is a repair quote enough to justify a deduction?
A quote can help estimate the cost, but on its own it doesn't show who caused the damage or that the work is legally the tenant's responsibility.
Can a landlord withdraw a BHU deposit on their own?
No. Withdrawal requires authorization under the bank's procedure. Without agreement between depositor and beneficiary, a court order is needed.
Are unsigned photos any use?
Yes, they can serve as evidence. How much weight they carry depends on whether you can establish when and where they were taken and how they line up with the rest of the documentation. An inventory signed and accepted by both parties narrows the argument far more.
Do I have to hand the place back freshly painted?
The Código Civil imposes no such general obligation. What matters is the initial condition, legitimate use, the cause of the deterioration, how much time has passed, and the terms of the lease.
What if the landlord won't take the keys back?
Put the offer on the record formally, document that the property is empty and available, and consult a lawyer about the right route. A court deposit of the keys may be an option, but its requirements and effects have to be assessed on the specific facts.
Does Porto always cover up to 18 months' rent for damage?
No such general limit appears in the current PS-2022 conditions. For damage coverage, the ceiling is whatever the policy's particular conditions state.
If I signed under the LUC and paid a deposit, am I automatically owed a fine?
No. A deposit is incompatible with the no-guarantee regime, but the Article 459 fine requires a sham designed to shelter under that regime, plus a court decision.
The bottom line
A landlord can claim debts and damage attributable to the tenant. What they can't do is simply pass along the cost of maintaining a property that has aged, fixing a construction defect, or replacing items worn out by ordinary use.
The Código Civil protects tenants against that kind of deterioration, but it also sets up presumptions that make documenting the home's condition essential. Your best protection is a complete paper trail:
- inventory and photographs at move-in;
- written notices during the tenancy;
- inspection and a signed record at move-out;
- keys handed over against a receipt;
- release of the guarantee through the applicable procedure.
This article provides general information and is not a substitute for advice from a lawyer or notary. The answer can change depending on the lease, the guarantee used, the evidence available, and the cause of the deterioration.
Sources
- Código Civil — Articles 1798, 1818, 1819, 1820, 1824, 1825, 1827 and 1829 (IMPO)
- Decreto-Ley 14.219 — rental guarantee regime (IMPO)
- Ley 19.889 — Articles 421 and 459 (IMPO)
- BHU — rules for rental guarantee deposits
- Porto Seguro — PS-2022 General Conditions for rental insurance
- Consultorio Jurídico, Facultad de Derecho — requirements for applicants
Legislation, policy conditions, and institutional information consulted on July 27, 2026.