What is the fianza in Spain?
The fianza is the legal security deposit a tenant pays when signing a rental contract in Spain. People often confuse it with other up-front money, so it helps to be precise about what the law requires. The texts below are the LAU as consolidated in the BOE (version in force since 8 October 2026); parts were amended by Real Decreto-ley 29/2026, a decree-law that still has to be validated by parliament, so check its status before signing. General information, not legal advice.
How much is the fianza?
For a housing lease, the mandatory cash deposit (fianza) is one month's rent (LAU art. 36.1). The parties may agree an additional guarantee; for a lease of up to five years (seven if the landlord is a legal entity) it cannot exceed two months' rent (art. 36.5). So the legal maximum you can be asked for up front as security on a housing lease of up to five years is one month of fianza plus two months of additional guarantee. In a temporary rental, the additional guarantee cannot exceed one month's rent (LAU art. 36.5, as amended by Real Decreto-ley 29/2026; same reservation: this is a decree-law still to be validated by parliament).
Unpaid-rent insurance. Since 8 October 2026, a landlord cannot require you to take out unpaid-rent insurance (LAU art. 36.5, as amended by Real Decreto-ley 29/2026). They can insure themselves at their own cost. This rule comes from a decree-law that still has to be validated by parliament: check its status before signing.
Getting your fianza back
At the end of the tenancy the landlord returns the fianza, minus any genuine damage beyond normal wear. If the landlord does not return the balance of the fianza within one month of the handover of the keys, the outstanding amount accrues legal interest (LAU art. 36.4). Keep a dated inventory and photos at move-in and move-out so disputes are easy to settle.
Quick rule
Housing fianza: one month. Any additional guarantee: capped at two months for a lease of up to five years. A request for more, or any request to pay before you have seen the flat and signed, is a reason to stop and check: see how to spot fake listings.
Related
- Renting in Barcelona: your legal rights as a tenant
- Documents you need to rent an apartment in Spain
Sources: LAU article 36 in the BOE and Real Decreto-ley 29/2026. General information, not legal advice.