Rental deposit in Spain: How much can you be asked for?

Many landlords demand excessive amounts for deposits or guarantees. Spanish rental law sets strict limits to protect tenants.

General information. Not legal advice.

1. The mandatory legal deposit (Fianza)

Art. 36.1 of the LAU

The mandatory legal deposit (fianza) regulated by the LAU is exactly one month's rent for residential properties. This money must be deposited by the landlord in the regional government's official registry.

2. Additional guarantees and their limits

Art. 36.5 of the LAU

In addition to the mandatory one-month deposit, landlords may ask for additional guarantees (such as cash deposits or bank guarantees). However, these are capped at a maximum of two additional months' rent for contracts up to 5 years.

3. The maximum legal limit

Combining the mandatory fianza and the additional guarantee, a landlord can never legally demand more than three months' rent in total upfront at contract signing.

Frequently asked questions

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