Legal rental deposit limit
The legal fianza for a residential lease, under LAU art. 36
- In force since
- 24 November 1994
- Last verified
- 14 August 2026
- Re-checked every
- 180 days
Ley de Arrendamientos Urbanos (LAU), article 36
Sets the mandatory fianza at one month for residential leases and permits additional guarantees by agreement, capped at two further months for leases of this type.
Flat Spain tracks the legal rental deposit in Spain at one month's rent for a residential lease, set by article 36 of the Ley de Arrendamientos Urbanos, plus up to two further months that a landlord may lawfully ask for as an additional guarantee. Renters in Barcelona and Valencia report demands of three to six months — the gap between the law and the market is not a misunderstanding, it is the thing to negotiate.
One month is mandatory; up to two more is negotiable. The fianza itself is fixed by statute and, in most regions, must be lodged with a public deposit registry rather than kept by the landlord. Anything beyond that first month is an additional guarantee — it is lawful up to two months, but it is a term you are allowed to argue about, and many landlords will.
Three to six months is a demand, not a rule. Foreign renters without a Spanish payslip are asked for more, routinely and specifically. That does not make the demand illegal below the cap, but knowing where the statutory line sits changes the conversation from 'is this normal?' to 'the law says one month and I can offer this instead'.
The deposit must come back within one month of you handing over the keys. After that the landlord owes it with interest at the statutory rate — 3.25% in 2026. Deposit non-return is the most common rental dispute expats in Spain face, and the single thing that most improves your position is evidence: timestamped photographs at move-in and move-out, and the deposit-registry receipt proving where the money went.
Still published elsewhere, and wrong
If you found a different number, it is probably one of these.
- "Two months is the legal deposit"
- Conflates the mandatory one-month fianza with the additional guarantee a landlord may negotiate on top. They are two different things in the statute, and only the first is compulsory.
Read the full deposit guide
OpenChange log
- 14 August 2026
Verified against LAU art. 36 and the 2026 statutory interest rate. Page published.
Frequently asked questions
How much deposit can a landlord legally ask for in Spain?
One month's rent as the mandatory fianza, plus up to two further months as an additional guarantee for a residential lease. Demands of three to six months are common for foreign renters but sit at or beyond the top of what the law allows.
How long does a landlord have to return a deposit in Spain?
One month from the end of the tenancy. After that the amount accrues interest at the statutory rate, 3.25% in 2026.
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Flat Spain re-checks this figure every 180 days and publishes the date of every change above. It is information, not legal advice — for a decision that turns on your own circumstances, take Spanish legal advice.