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Deposit and Guarantees in Rental in Spain: Practical Guide (2026)

Understanding the current rules on deposit amounts and additional guarantees for renting a property in Vigo and throughout Spain can help avoid unjustified charges in your contract. For those new to the Spanish real estate market, it's crucial to understand what owners require as security. In 2026, the regulations on what can or cannot be requested are clearly defined by the Ley de Arrendamientos Urbanos (LAU), the national law governing rental contracts throughout Spain.

The Difference Between Deposit and Additional Guarantees

It’s common to confuse these concepts, but the law clearly distinguishes between two types of payments at signing:

1. Deposit (Fianza): This is a mandatory deposit by law. For housing contracts, owners can only request an amount equivalent to one month's rent. This value serves to cover any potential damage to the property at the end of the contract.
2. Additional Guarantees: Besides the deposit, the owner may ask for additional guarantees to ensure payment. These can be cash deposits, bank guarantees, or rental insurance. The law sets a maximum limit of two months' rent for these additional guarantees, totaling no more than three months when added to the deposit.

It’s worth noting that in specific cases, such as renting properties for commercial or industrial use, LAU allows the deposit to be two months’ rent. Additionally, each autonomous community has its own entity responsible for registering the deposit—a legal obligation of the owner that guarantees protection for both parties.

What Has Changed and What to Watch Out For in 2026

If you are renewing a rental contract that has been running for five years, legislation allows you to request an adjustment from the landlord. If the current amount is outdated or if the guarantees exceed the legal limits set since contracts signed in 2019, it’s possible to renegotiate so that the total guarantee does not exceed the limit.

For those signing a new contract, the key point is to verify whether the owner is requesting additional guarantees above what is allowed. Requiring two months of pure deposit is considered illegal for common housing throughout Spain; the correct amount is one month's deposit plus up to two months' additional guarantee, provided this was agreed upon at the time of signing.

Practical Tips for Your Contract

When negotiating your rental agreement, consider these points to protect your finances:

• Formalization: All paid guarantees must be explicitly stated in the lease contract. Never make payments "off the books" without a proper receipt or contractual proof.
• Bank Guarantee: Instead of handing over cash, some owners accept bank guarantees. This is a way to secure payment without depleting your initial budget.
• Inspection: As the deposit covers damages, conduct a detailed inventory of the property's condition on the day keys are handed over. Photos and videos are essential to avoid unjustified deductions when returning the property after contract termination.
• Update: If your contract is old, review the update clauses. The law allows adjustments based on the current reference index, but it’s always good to be vigilant if the owner is following what was originally agreed.

If you have any doubts about legal deposits or mandatory registration, consult the competent body of your autonomous community—each region has its own registration entity and it's your right to demand compliance with formal obligations.

Sources

The Rental Law Allows You to Demand Your Landlord Lower the Deposit ILLEGAL DEPOSIT GALICIA: Galician owners cannot demand two months' deposit Amount of Rental Deposit for a Home 2026 - ARRENTA