If you’re thinking of renting out a property in Spain, or moving here as a tenant, it’s important to know what the law says about deposits and guarantees. Recently, it’s become increasingly common for landlords to ask for two months’ rent as a “fianza” deposit — but is this legal?
Under Spain’s Urban Leasing Law, landlords can legally request one month’s rent as a fianza. This deposit covers any potential damage to the property and must be returned at the end of the tenancy if no repairs are needed.
Landlords can also request an aval or garantía adicional, which is a separate financial guarantee usually held in a bank. This ensures the landlord can recover unpaid rent if necessary, and the maximum allowed by law is 2 months’ rent. Additionally, landlords can ask for 1 month’s rent in advance to secure the tenant’s intention to move in.
In total, the maximum legal amount a tenant could be asked to pay at the start of a rental contract (excluding the agency fees) is 4 months’ rent:
Any requests beyond this — such as 5 or 6 months’ rent upfront — are not legal and can be challenged in court.
It’s also common for landlords to ask tenants for proof of stable income, such as a nómina or annual tax declaration. This is not illegal and can sometimes help tenants negotiate reduced guarantees.
For landlords and tenants alike, understanding these limits is essential. Following the law ensures fair and transparent rental agreements and protects both parties from disputes.
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