The rental deposit in Spain: how much it is and how to get it back
UpdatedRDL 29/2026 reform
The deposit (fianza) is the money you hand over when you sign the contract, as a guarantee. Spanish rental law — the LAU — says how much you can be asked for and when it must be returned. One note on words: the law calls the landlord «arrendador»; here we will just say landlord.
What changed
- In no case can you be required to take out rent-default insurance or similar cover (art. 36.5).
- When the contract ends, both parties sign an end-of-tenancy document recording the state of the home; if it is not signed or records no damage, the home is presumed returned in an adequate state (art. 36.7).
In short
- The legal deposit is one month's rent. On top, only an extra guarantee of at most two more months can be asked (art. 36.1 and 36.5).
- Once one month has passed since you hand back the keys, any money owed to you starts accruing interest (art. 36.4).
- You can never be forced to take out rent-default insurance (art. 36.5).
In this guide5 min read
How much deposit can I be asked for? New
One month's rent. No more, no less. That is the legal deposit, and it is compulsory in every home rental (article 36.1 of the LAU).
On top, the contract may add an extra guarantee, but with a cap (article 36.5): at most two months' rent in contracts of up to five years — or up to seven if the landlord is a company — and at most one month in temporary rentals.
And one thing is always banned: forcing you to take out rent-default insurance or similar cover (article 36.5).
Where must my deposit be kept?
The law lets each autonomous community make it compulsory for the landlord to lodge the deposit, without interest, with the body it designates (the LAU's third additional provision). Check whether your region requires it.
If it does, ask for the lodgement receipt. It is your proof that the deposit is where it should be.
When do I get my deposit back?
When the tenancy ends, you hand back the keys. If one month goes by without your money being returned, the balance owed to you starts accruing legal interest (article 36.4).
Bear in mind: before returning it, the landlord may deduct what you owe and can justify. For example, unpaid rent or utility bills, or damage beyond the normal wear and tear of living there.
What is the end-of-tenancy document? New
When the contract ends, both parties sign a paper recording the state of the home at handover. That is the end-of-tenancy document (article 36.7).
If that document is not signed, or it records no damage, the home is presumed — unless proven otherwise — to have been returned in good condition.
How do I claim my deposit back?
Start in writing. A clear letter is the first step: state when you handed back the keys, how much you paid as a deposit, and that once one month has passed the balance owed to you accrues legal interest (article 36.4). Keep a copy of everything you send.
Below you will find our deposit-claim letter template: fill in your details and copy or print it.
The law behind this guide
Article 36 of the LAU as cited in this guide is the one in Royal Decree-law 29/2026 of 6 October, in force since 8 October 2026. Like every royal decree-law, it is subject to validation by the Congress of Deputies within thirty days of its promulgation (article 86 of the Constitution).
Example
Rent of €900 a month
- Legal deposit (one month's rent)
- €900
- Extra guarantee (at most, two months)
- €1,800
- Deposit + extra guarantee (excluding first rent)
- €2,700
Straight from art. 36 of the LAU: one month as deposit (36.1) and, at most, two more months as an additional guarantee (36.5).
Frequently asked questions
Can I be asked for two months' deposit?
Not as the legal deposit: that is one month's rent (art. 36.1). What the contract may agree is an extra guarantee: up to two months in contracts of up to five years (seven if the landlord is a company), or up to one month in temporary rentals (art. 36.5).
Can I be forced to pay for rent-default insurance?
No. In no case can you be required to take out rent-default insurance or similar cover (art. 36.5).
When does the deposit start accruing interest?
When one month has passed since you handed back the keys without it being returned: from then on, the balance owed to you accrues legal interest (art. 36.4). Before that, the landlord may deduct justified amounts you owe: unpaid rent or utility bills, or damage beyond normal wear and tear.
What if the deposit is not returned?
Claim it in writing: state when you handed back the keys and cite article 36.4 of the LAU. Our letter template does most of the work for you.
Does the landlord keep the deposit?
The autonomous communities may make it compulsory for the landlord to lodge the deposit with the body they designate (the LAU's third additional provision). If your region requires it, ask for the lodgement receipt.
What is the end-of-tenancy document?
A paper both parties sign when the contract ends, recording the state of the home (art. 36.7). If it is not signed, or it records no damage, the home is presumed — unless proven otherwise — to have been returned in good condition.
What do I do now?
Keep the receipts
Hold on to proof of everything you pay at signing: the deposit and any extra guarantee.
Photograph the flat when you move in
Take dated photos of everything on the day you get the keys. They will be your evidence when you leave.
Claim it in writing
If one month after handing back the keys your deposit has not been returned, write to the landlord citing art. 36.4. The letter below does most of the work.
Letters for this
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Look up your building on Pisopedia
Before you sign, see what the people who already lived there say: the landlord, the area and the rent they paid.