The deposit: what is legal, and how to get it back
Flat Spain checks a Spanish deposit against the law: one month's rent as the mandatory fianza, plus at most two further months as a guarantee. Renters are routinely asked for three to six — both facts are true at once, and the gap between them is the thing to negotiate. After you move out, the landlord has one month to return it.
One month is the law. Three to six is the ask.
The mandatory fianza is 1 month’s rent, and in most of Spain the landlord must lodge it with a public deposit registry rather than keep it. On top of that they may agree up to 2 further months as a guarantee. Three months total is the ceiling — and it is a ceiling, not a norm.
Foreign renters without a Spanish payslip are asked for more, specifically and routinely. Knowing where the statutory line sits changes the conversation from “is this normal?” to “the law says one month, and here is what I can offer instead” — which is a conversation you can win.
Where your money is supposed to be
In most regions the fianza is lodged with a public body, not held by the landlord. Ask for the receipt before you sign: it names the property and the amount, and it is the fastest proof the deposit ever existed if the argument turns bad.
| Region | Who holds the fianza | What to ask for |
|---|---|---|
| Catalonia | Incasòl | Lodging is compulsory. Ask for the resguard — the deposit receipt — before you sign, not after. |
| Madrid | Agencia de Vivienda Social de la Comunidad de Madrid | Compulsory for the landlord. The receipt names the property and the amount. |
| Valencian Community | Generalitat Valenciana housing department | Compulsory. Regional rules set how quickly the landlord must lodge it. |
| Andalusia | Agencia de Vivienda y Rehabilitación de Andalucía (AVRA) | Compulsory. Keep the reference — it is the fastest proof the deposit was ever paid. |
| Elsewhere | Your regional housing body | Nearly every region operates a deposit registry. Ask the landlord which one holds yours. |
The evidence that decides it
Deposit disputes are won on photographs and dates. Photograph every room the day you move in and the day you move out, with the timestamps intact; keep the deposit-registry receipt; and put the handover date in writing. Ordinary wear from living somewhere is not damage, and the burden of showing otherwise sits with the landlord — but only if you can show the state you left it in.
Frequently asked questions
How much deposit is legal in Spain?
One month's rent as the mandatory fianza, plus up to two further months as an additional guarantee — three months in total is the ceiling for a residential lease. Only the first month is compulsory; the rest is negotiable.
How long does a landlord have to return the deposit in Spain?
One month from the day you hand back the keys. After that the amount accrues statutory interest, 3.25% in 2026, and a dated written demand becomes the sensible next step.
What do I do if my landlord will not return my deposit?
Send a burofax — a certified letter — stating the date you returned the keys, the amount owed and a deadline. It creates the record a judge asks for. Claims under €2,000 need no lawyer in Spain.
Can a landlord ask for six months' deposit?
Asking is common, particularly of foreign renters without a Spanish payslip, but six months is beyond what the law allows a landlord to hold on a residential lease. The statutory ceiling is three.
Next place, screened first
Flat Spain checks every listing it returns — including the deposit terms attached to it.
Start my searchInformation, not legal advice. The letter this page generates is a template — for a dispute that turns on your own circumstances, take Spanish legal advice.