By law the compulsory deposit is 1 month of rent for residential lettings and 2 months for commercial or non-residential ones. On top of that a landlord may ask for an additional guarantee of up to 2 months. In total, they can never require more than 3 months of rent when you sign a residential contract of up to 5 years.
General information. Not legal advice.
By Alejandro Ruiz BermejoLast updated:
These are the limits set by the Ley de Arrendamientos Urbanos (LAU), the Spanish tenancy act. The compulsory deposit and the additional guarantee are separate things, and they add up.
| Type of lease | Compulsory deposit | Maximum additional guarantee | Maximum total |
|---|---|---|---|
| Main residence | 1 month | 2 months | 3 months |
| Commercial or non-residential | 2 months | No legal limit | Negotiable |
For a main residence the legal deposit is exactly one month of rent. It is not negotiable upwards or downwards — the statute fixes it.
That money does not stay with the landlord. They are required to lodge it with the housing authority of the relevant autonomous community (IVIMA in Madrid, INCASÒL in Catalonia, AVS in Andalusia, and equivalents elsewhere). You can ask for proof of the deposit; its absence does not invalidate your contract, but it is a signal the rest is worth reading closely.
For non-residential lettings — a shop, an office, a storage unit — the compulsory deposit is two months rather than one.
Separately from the legal deposit, a landlord may ask for additional security: a cash deposit, a bank guarantee, or non-payment insurance. For residential lettings these are capped at two months of rent.
That cap applies to contracts of up to 5 years, or up to 7 years where the landlord is a legal entity (a company). Beyond that duration the statute stops setting a ceiling.
The practical difference matters: the additional guarantee may be held by the landlord directly, whereas the compulsory deposit has to be lodged officially.
If the deposit and guarantees in your residential contract add up to more than three months, that clause contravenes the LAU and you can reclaim the excess — including after you have signed and paid.
It is worth separating this from charges that are lawful and often confused with the deposit: the first month paid in advance is not a deposit, and estate agency fees and contract formalization costs fall on the landlord, whoever the landlord is — the statute draws no distinction between a private landlord and a company.
Before signing, check the contract states the deposit and any additional guarantee as separate amounts. A contract that merges them into a single figure makes reclaiming harder later.
Upload your rental contract and we will tell you whether the deposit and guarantees required respect the LAU limits, along with the rest of the clauses.
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