How Much Is a Rental Deposit in Spain? Legal Limits & Scams 2026
Updated 26 July 2026 · 6 min read
Flatspain flags any Spanish landlord demanding more than the legal deposit cap: 1 month's rent for an unfurnished property, 2 months for a furnished one, under the Ley de Arrendamientos Urbanos. A "holding deposit" requested before a viewing is a scam every time, and it is one of the 16 checks in the Flatspain 16-Point Scam Screen. Here's what you legally owe, when it must be returned, and how to get it back.
The legal limits
Spanish rental law (Ley de Arrendamientos Urbanos, LAU) is clear:
| Property type | Maximum deposit (fianza) | Notes |
|---|---|---|
| Unfurnished | 1 month's rent | Legally capped, non-negotiable |
| Furnished | 2 months' rent | Legally capped, non-negotiable |
| Additional guarantee | Separate from the deposit | A bank guarantee (aval bancario) or insurance is allowed, but must be clearly stated in the contract |
Anything above these limits is illegal. Full stop.
What landlords cannot demand
- A 'holding deposit' or 'reservation fee' before you've viewed the property or signed a contract
- Three, four or six months' deposit 'because you're a foreigner'
- Cash-only payments — always get a receipt
- Payment to a third party or 'agent' who isn't the landlord or a licensed agency
- Deposit paid via cryptocurrency, gift cards, or wire transfer to a personal rather than business account
Getting your deposit back
By law, your deposit must be returned within 30 days of contract termination, minus documented damages. Here's how to protect yourself:
- 1Photograph everything on move-in day. Every wall, every appliance, every scratch.
- 2Ensure the inventory list (inventario) is detailed and signed by both parties.
- 3Get a receipt for your deposit payment. Never pay cash without a signed receipt.
- 4On move-out, do a walkthrough with the landlord and document the condition.
- 5If the landlord withholds your deposit unfairly, file a claim at the local Juzgado de Primera Instancia. Small claims (juicio verbal) are fast and inexpensive.
Flatspain's deposit screening
Flatspain flags any listing with deposit demands above legal limits. We also note when a landlord requests additional guarantees, and whether they're standard (a bank aval) or suspicious (cash to a personal account).
Your report includes a deposit breakdown for every listing, so there are no surprises at signing.
Frequently asked questions
How much deposit is legal in Spain?
One month's rent for an unfurnished property and two months for a furnished one, under the Ley de Arrendamientos Urbanos. Anything above that is illegal.
Is a holding deposit before viewing a scam?
Yes, every time. A deposit or reservation fee requested before you have viewed the property or signed anything is one of the clearest signals in the Flatspain 16-Point Scam Screen, and Flatspain removes those listings.
When must my deposit be returned in Spain?
Within 30 days of the contract ending, minus documented damages. Undocumented deductions are challengeable at the Juzgado de Primera Instancia.
Can a landlord ask for more deposit because I'm a foreigner?
No. The legal cap applies regardless of nationality. A demand for three to six months justified by your foreign status is illegal and a strong indicator of a scam.
Let Flatspain do the searching for you
Describe your ideal home in plain English. Flatspain AI Room Finder searches five platforms at once, puts every listing through the Flatspain 16-Point Scam Screen, and delivers a ranked shortlist, usually in minutes.
Start my search · €49