The Spanish rental deposit is one of the few figures in the whole rental relationship that is fixed by law rather than negotiated — but a lot of tenants and landlords still get the details wrong.
The amount is fixed, not negotiable
Under Spain’s Urban Leases Law (LAU), the legal deposit (fianza) for an unfurnished residential tenancy is exactly one month’s rent. This is not something a landlord and tenant can agree to change — it is set by the law itself.
The extra guarantee that is sometimes added on top
Landlords can ask for an additional financial guarantee beyond the fianza — but it has to be structured as a separate garantia adicional, and it is capped at two months’ rent. Combined with the one-month fianza, that means three months’ rent is the legal maximum a landlord can require upfront, in total.
Where the deposit actually goes
Landlords are required to lodge the fianza with their regional housing authority, generally within one month of signing the lease. The specific agency handling this varies by region — in Andalucia, for example, this has historically been handled through AVRA (Agencia de Vivienda y Rehabilitacion de Andalucia).
Getting it back at the end of the tenancy
The landlord must return the fianza within one month of the lease ending, minus any justified deductions for damage beyond normal wear and tear or unpaid bills. It can also be applied against unpaid rent, which is one reason landlords sometimes insist on the additional two-month guarantee — the basic one-month fianza alone does not go very far if rent is owed as well as damage found.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es if you have a dispute over a Spanish rental deposit, as a landlord or a tenant.
Frequently Asked Questions
How much is the legal deposit for renting a home in Spain?
Exactly one month’s rent for an unfurnished property — the amount is fixed by the Urban Leases Law (LAU) and is not negotiable between landlord and tenant.
Can a landlord ask for more than one month’s deposit?
Yes, but as a separate additional guarantee (garantia adicional), not as a bigger fianza — and that additional guarantee is capped at two months’ rent, meaning three months’ rent is the maximum a landlord can legally require upfront in total.
What does the landlord have to do with the deposit once it is paid?
Landlords are legally required to lodge the fianza with their regional housing authority, generally within one month of signing the contract — the specific agency varies by region (in Andalucia, for example, this has been handled by AVRA).
When do I get my deposit back?
The landlord must return it within one month of the lease ending, minus any justified deductions for damage beyond normal wear and tear or unpaid bills — not simply keep it without accounting for what was withheld and why.
Does the fianza cover unpaid rent as well as damage?
In practice it can be applied to both unpaid rent and damage beyond normal wear, which is exactly why the two-month additional guarantee exists as a separate layer — landlords often want that extra buffer precisely because the basic one-month fianza does not stretch far.
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This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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