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EnglishRental deposits in Spain: how the fianza works
- Amount: the deposit, called the fianza, is paid when the lease is signed. By law it is one month's rent for a home and two months' rent for other uses, such as commercial premises.
- Where it is held: in most regions, the landlord must lodge this sum with the relevant public body, which holds it for the length of the lease. Andalusia dropped this rule for leases signed since 24 January 2026.
- Purpose: it protects the landlord when the home is handed back and can be kept, in full or in part, for unpaid rent, unpaid charges or damage. Spanish law requires no check-in inventory, which makes questionable deductions easier. Since 8 October 2026, a decree-law still awaiting approval by Parliament requires a signed end-of-lease document.
- Return: once the keys are handed back, the landlord has one month at most to return the deposit, even if some leases set a longer period. After that, any balance still owed earns statutory interest. Getting the deposit back is often difficult.
- Key point: Ms Barandier, a lawyer working with Alveo Search, points out that not paying the last month's rent to offset the deposit is against the law and can give the landlord grounds for action against the tenant.
When tenants sign a lease, they must pay the landlord a sum of money: the deposit. Here is how it works.
Rental deposits in Spain: how do they work?
Moving to Spain as a tenant, for a while or for good, means looking into the local law, as there are notable differences. How the rental deposit works, in particular, needs to be well understood. Tenants very often have difficulty getting back their deposit at the end of the lease. Before looking at the possible remedies with Ms Barandier, a lawyer working with Alveo Search, here is how a rental deposit works.
How much is a rental deposit in Spain?
The deposit, known in Spain as the fianza, is a sum of money paid when the lease is signed. By law, it is one month's rent for a home. It rises to 2 months' rent for leases other than housing, such as commercial premises. In most regions, the landlord must lodge it with the relevant public body, which looks after the money (Andalusia dropped this rule for leases signed since 24 January 2026).
What is a rental deposit for?
A rental deposit protects the landlord when the flat or house is handed back. In the event of unpaid rent, unpaid charges or damage to the property, the landlord can keep all or part of the sum to cover these costs. In practice, many landlords keep this money with more or less convincing arguments. Common practice on the Spanish rental market makes this easier: no check-in inventory is required by law. At the end of the lease, a signed end-of-lease document has been compulsory since 8 October 2026, under a decree-law still awaiting approval by Parliament. Without it, the home is presumed to have been returned in good condition.
End of the lease: how long does the landlord have to return the deposit?
At the end of the lease, once the tenant hands back the keys, the landlord has a maximum of one month to return the deposit. After that, any balance still owed earns statutory interest. One month is enough to carry out a check-out inspection and ask the bank to release the money, but some leases set a longer period. Be aware: having trouble getting your rental deposit back in Spain is very common.
Ms Barandier's advice: some tenants take a radical approach and do not pay the last month's rent, so that they are not penalised by deductions from their deposit. Be careful: this practice is against the law. It could give the landlord an extra reason to take legal action against the tenant.
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Thomas Rouer is the founder of Alveo Search and the CEO of the Alveo group. Based in Spain for almost ten years, he develops property services designed for the specific needs of foreign buyers.
His expertise covers every aspect of buying property in Spain: understanding the market, searching for and selecting properties, negotiation, financing, paperwork, tax and securing the purchase process.
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