How much deposit can a landlord legally ask for in Spain?

For a standard habitual-residence lease, the legal deposit is one month's rent. Landlords can ask for an additional guarantee of up to two more months if it's written into the contract, making three months the maximum total.

Renting in Spain

Deposits: how they work and your rights

How deposits work and your rights when renting in Spain.

Last reviewed: 2026-06-15By law, the deposit must be returned within one month of the tenancy ending. If it's paid late, you're entitled to the legal interest on the amount owed for the delay.

This guide is not yet verified by Tuchati's editorial review — treat it as a helpful starting point, not a final legal answer.

Overview

Most rental contracts in Spain require a security deposit (fianza) equal to one month's rent, plus, if agreed in the contract, an additional guarantee. The LAU (Ley de Arrendamientos Urbanos) sets clear limits on both the amount and how the deposit must be handled.

Requirements

The legal deposit for a habitual-residence lease is exactly one month's rent, set by LAU article 36
Any additional guarantee beyond that must be agreed and stated in the contract, and is capped at two further months for standard leases — three months total between deposit and guarantee

Step-by-step process

Pay the deposit when signing the contract, by bank transfer so there's a clear record
Your landlord is required to deposit the legal fianza with the housing body of your Comunidad Autónoma, generally within a couple of months of signing — this is the landlord's obligation, not yours, but it's worth confirming it's been done
Request a check-in inventory (with photos) at move-in to protect against unfair deductions later
Request the deposit back after move-out, following the check-out inspection

Required documents

Signed rental contract stating the deposit amount
Proof of deposit payment
Move-in and move-out inventory reports

Common mistakes

Paying the deposit in cash with no paper trail
Skipping the move-in inventory, making it harder to dispute deductions later
Assuming any deduction the landlord proposes is automatically valid — normal wear and tear cannot be charged against the deposit

Practical tips

Take dated photos of the property's condition at move-in, not just a written inventory
If the deposit is returned late, request it in writing, referencing the one-month legal deadline — this starts a clear paper trail for any dispute

How Tuchati can help

If your landlord is withholding your deposit unfairly or late, Tuchati can help you understand your options and put together a formal request.