Rental deposit (fianza) in Spain: amount, filing, return

The deposit itself

Article 36.1 LAU makes it compulsory, when the contract is signed, to require and provide a cash deposit equal to one month’s rent for a home (two months for a lease for non-residential use). Article 17.2 adds that a landlord may never demand more than one month’s rent in advance, which in practice means the first month is the only prepaid rent.

During the first five years of the contract (seven if the landlord is a company) the deposit is not updated. Each time the lease is extended, the landlord may require it to be topped up, or the tenant to have it reduced, until it equals one month of the rent then in force (article 36.2). For terms beyond five (or seven) years, the parties’ agreement governs; failing a specific clause, what was agreed for updating the rent is presumed to apply to the deposit too (article 36.3).

The additional guarantee

Article 36.5 allows the parties to agree a guarantee on top of the deposit, for example a bank guarantee. Three limits apply in the version in force since 8 October 2026:

• the landlord can never require rent-default insurance or similar cover;
• for a home let for up to five years (seven for a company landlord), the additional guarantee may not exceed two months’ rent;
• for temporary leases, it may not exceed one month’s rent (a change introduced by Real Decreto-ley 29/2026, in force since 8 October 2026 and subject to validation by the Cortes).

Together, the legal ceiling for an ordinary home is therefore one month of deposit plus up to two months of extra guarantee. That does not mean three months is normal: it is the cap. The decree-law that introduced the temporary-lease limit is in force but awaits validation by the Congress of Deputies, so read it as provisional.

Where the deposit goes: regional deposit bodies

Additional provision 3 of the LAU lets each autonomous community require landlords to deposit the fianza, without interest, with the regional administration or a designated body until the contract ends. If a month after the end of the contract the body has not returned it, the amount earns legal interest. Whether, where and by when you must deposit is a regional matter. Six regions’ official pages were read:

The other regions’ pages were not read for this guide, so check with the regional housing department of the place where the property stands. The official pages for Andalusia, Valencia, the Balearic Islands and the Basque Country show no publication date, so confirm the current rule before you act. Andalusia is the case to note: for contracts dated from 24 January 2026 the landlord keeps the deposit and no regional filing is required.

Getting it back

The landlord must return the deposit when the tenancy ends. Under article 36.4, the balance to be returned bears legal interest if it has not been paid one month after the tenant hands back the keys. Madrid’s page says the landlord’s repayment must be made within one month of the end of the contract and that the landlord asks the agency for release of the deposit by filing a form.

Since October 2026, article 36.7 also requires both parties to record the state of the home in a signed end-of-lease document. If it is not signed, or notes no damage, the law presumes the home was returned in proper condition unless proved otherwise. That presumption works in the tenant’s favour, so do a joint inspection with photographs and ask for the signed document before you return the keys.

What a landlord may deduct

The texts read do not give a list of permitted deductions. The tenant is responsible for small repairs from ordinary use (article 21.4) and for damage attributable to them, while the landlord must carry out conservation repairs without raising the rent (article 21.1). A dispute over what the deposit covers ends up before a court or a consumer body; keep the inventory, photographs and receipts.

Practical checklist for tenants

1. Ask for a written receipt for the deposit and the amount, and whether it has been lodged with the regional body.
2. Keep the signed contract and any registration proof of the deposit.
3. Refuse any demand for rent-default insurance as a condition of the lease.
4. Agree an end-of-lease document, signed by both parties.
5. If a month passes after returning the keys without repayment, claim in writing with reference to article 36.4.

Which professional to consult

A lawyer registered with a Spanish bar association (colegio de abogados) can advise on a withheld deposit. For the filing itself, the regional housing body is the authority. Payotte does not list or rank lawyers; see the general page on property lawyers.