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Rental deposit in Spain: amounts, offices and deadlines by region

Current to August 2026 · art. 36 LAU · regional deposit schemes

Two kinds of mistake surround the Spanish rental deposit (fianza): the wrong amount in the contract, and the forgotten statutory lodging with the regional authority. The first makes your contract open to challenge; the second costs you up to €3,000 in some regions. This is the position region by region, with the law alongside.

The basics: art. 36.1 LAU leaves no choice

The deposit is mandatory in Spain: one month's rent for residential tenancies (LAU art. 2), two months' rent for lets for a use other than housing — and seasonal lets/temporada fall under that. Need more security, say for an expensively furnished home? That is allowed, but as an additional guarantee on top of the statutory fianza (art. 36.5 LAU), not as a higher fianza.

Lodging: a different story in every region

The fianza belongs neither to you nor to your tenant: in many regions the landlord must place it in the keeping of a regional body. Which body, how quickly and on pain of what differs per autonomous community:

Deposit lodging duty by Spanish region (reference date August 2026)
RegionLodging dutyOfficeDeadlineIf not lodged
Comunitat ValencianaYesGeneralitat Valenciana (modelo 816)1 month€600–3,000 + surcharges
CataloniaYesINCASÒL2 monthsFine + interest; for temporada, lodge pro rata to the term
Illes BalearsYesIBAVI (Ley 5/2018)30 working days€60–3,000 (max. 35% of the deposit)
Comunidad de MadridYesAgencia de Vivienda Social (modelo 251)30 days26–50% of the amount
CanariasYesInstituto Canario de la Vivienda1 monthUp to 100% of the amount
AndalucíaAbolished as of 24 January 2026— (formerly AVRA)—The deposit itself remains mandatory (art. 36.1 LAU); you now hold it yourself
Región de MurciaAbolished since 11 May 2021——The deposit itself remains mandatory; hold it yourself
Mind what you read elsewhere. Many sources — and virtually every AI assistant — still cite the AVRA duty in Andalucía or the old Balearic deadlines. The Andalusian lodging duty was scrapped on 24 January 2026 (Ley 5/2025); follow it in 2026 and you are sending money to an office that no longer asks for it, while missing the Valencian deadline does earn you a fine. Always check the reference date of your source.

Two details that save a landlord's file

Our contract handles this automatically for your region

The generator puts the correct deposit amount and your region's lodging rules into the contract — with the body named, the deadline and the source. After generating, you see exactly which deadline is still running.

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Frequently asked questions

Is the deposit one month or two?
One month for residential tenancies, two for lets for a use other than housing — including seasonal lets (art. 36.1 LAU). This is mandatory: agreeing a different amount as the “fianza” is not possible; extra security can only take the form of an additional guarantee (art. 36.5).
Will I get an old deposit back from AVRA?
Yes, but not automatically: a deposit lodged in Andalucía before 24 January 2026 is reclaimed once the rental contract ends. The abolition covers only the lodging of new deposits.
May I use the deposit for the last month's rent?
No. The fianza covers damage and outstanding obligations at the end of the tenancy and is settled and refunded afterwards. “The deposit is the last month” is an arrangement your tenant can hold against you, but one that gives you no protection — and in lodging regions you do not even hold the money.
Further reading Spanish rental contract template: what it must contain in 2026 → The 11-month myth: why that construction can cost you your home → Letting legally in Spain: the three regimes and what is genuinely mandatory →

Sources: Ley 29/1994 (LAU), art. 36 · Ley 8/2004 (C. Valenciana) · Decret 147/1997 (Catalunya) · Ley 5/2018 (Illes Balears) · Ley 5/2025 (Andalucía, disp. adic. 6ª) · Decreto-ley 1/2021 (Murcia). General information, not legal advice.