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 actually requires.
How much is the fianza?
For a home (a habitual residence), the fianza is fixed at one month of rent under Article 36.1 of the LAU. The landlord must lodge it with the regional housing agency, which in Catalonia is the Incasòl, not keep it in their own account.
On top of the fianza, a landlord may ask for an additional guarantee, but for a habitual residence this extra is capped at two months of rent (Article 36.5 of the LAU). So the legal maximum you can be asked for up front as security is the equivalent of three months: one month of fianza plus two months of guarantee. A demand for six months of deposit is not lawful for a primary home, and it is a common pattern in rental scams.
Getting your fianza back
At the end of the tenancy the landlord returns the fianza, minus any genuine damage beyond normal wear. Under Article 36.4 of the LAU, the balance must be returned within one month of handing back the keys; after that, the outstanding amount accrues interest. Keep a dated inventory and photos at move-in and move-out so disputes are easy to settle.
Quick rule
Housing fianza = 1 month. Maximum extra guarantee = 2 months. Anything more, or any request to pay before you have seen the flat and signed, is a red flag.
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Related
- Renting in Barcelona: your legal rights as a tenant
- Documents you need to rent an apartment in Spain
General information, not legal advice. References are to the Ley de Arrendamientos Urbanos (LAU, Ley 29/1994) and the Ley 12/2023 for the right to housing, as in force in 2026.