Rental deposits across a portfolio in Spain: how much to ask, where to lodge them and how to track every refund
The fianza (the statutory deposit) on a Spanish home lease is one month's rent (art. 36.1 LAU), and since RDL 29/2026 the extra guarantee on temporary leases is capped at one month (art. 36.5). Each region sets where to lodge it: Madrid 30 days, Catalonia two months, Valencia one month; Andalusia no longer requires lodging.
Key facts
- The fianza on a home lease in Spain equals one month's rent (art. 36.1 LAU).
- Since 8 October 2026, the additional guarantee on temporary leases cannot exceed one month's rent.
- An unpaid deposit balance accrues legal interest one month after key handover (art. 36.4 LAU).
- Andalusia stopped requiring landlords to lodge deposits on 24 January 2026 (Law 5/2025).
- At Globexs, the median time from contract end to paid refund was 19 days (172 refunds).
What Rental deposit (fianza) under art. 36 LAU is, and what it is not
The fianza is the cash deposit a tenant pays when signing a Spanish lease to secure their obligations; the LAU makes it mandatory and sets the amount, and each region decides where it is lodged.
Not to be confused with
- The additional guarantee (bank guarantee or extra deposit), which is optional and has its own cap
- Lodging with the regional body, which is about where the fianza is held, not how much you ask
- A booking fee or reservation deposit, which is credited against the rent and does not cover the condition of the home
Our data: Deposit refunds at Globexs
- 19 daysmedian from contract end to paid refund
- 24 days75th percentile
- 83%refunds paid within 30 days
- 21%settlements with a deduction
- 18%median deduction as share of the deposit, where there was one
Method: Days between the booking end date and the date the refund was recorded as paid in Rentamos (median and 75th percentile). Deduction: amount returned in the tenant settlement lower than the deposit; agency-internal costs not counted. Aggregated data, no personal data. · Sample: 175 approved or paid deposit refunds on furnished rentals at Globexs Group; 172 with a payment date · Period: Contracts ended between January 2024 and September 2026
How much to ask: fianza and additional guarantee since RDL 29/2026
The fianza (the statutory cash deposit) is mandatory in Spain and equals one month's rent for a home and two months for non-residential use (art. 36.1 LAU). On top of it, landlord and tenant can agree an additional guarantee, but it is capped: two months' rent for home leases of up to five years and one month for temporary leases (art. 36.5).
The real change comes with Royal Decree-law 29/2026, in force since 8 October 2026. Temporary housing leases are now defined inside the residential lease (art. 2.3 LAU), and seasonal lets drop off the list of non-residential uses (art. 3.2). In our reading, the legal fianza for a new temporary lease is therefore one month, not two. That is our interpretation: check it with your lawyer before you change your contract templates.
Seasonal contracts signed before 8 October 2026 stay under the non-residential regime until their agreed term ends, and then expire without extension; if they are renewed, the new contract follows the temporary housing rules (eighth transitional provision, LAU). For months, a portfolio will carry two deposit regimes side by side.
One warning before you rewrite templates: the decree still has to be ratified by Congress. Its predecessor, RDL 26/2026, which made the same changes to art. 36, was struck down by Congress in early October, as the BOE note on the consolidated text of art. 36 records. Check the status before you sign contracts under the new regime.
Where and when to lodge the deposit in each region
The LAU sets how much you ask; each autonomous region decides where the fianza is lodged. These are the rules in four regions, checked against official sources on 28 October 2026:
Region | Where | Deadline to lodge | Getting it back |
|---|---|---|---|
Madrid | Agencia de Vivienda Social, the regional social housing agency (Decree 181/1996) | 30 days from signing; the official page says working days in one section and plain days in another, so count calendar days | The landlord applies once the contract ends, within 5 years at most |
Catalonia | INCASÒL | Two months from signing (art. 3 Law 13/1996) | Form 3; INCASÒL pays within 21 days at most (art. 13.3 Decree 147/1997) |
Valencian Community | Generalitat Valenciana (form 806) | One month from signing or from the actual start of the lease; late payment adds a 5 to 20% surcharge (art. 3 Decree 46/2022) | The owner applies; if the money is not returned within a month of the request, legal interest accrues (art. 4) |
Andalusia | No longer lodged | No lodging since 24 January 2026 (sixth additional provision, Law 5/2025) | The Junta returns deposits lodged earlier, on request, as each contract ends |
Two details matter for mid-term rentals. Madrid's page still describes seasonal lets as non-residential use with two months' fianza, and INCASÒL calculates the deposit for seasonal leases under a year in proportion to two months (art. 2 Decree 147/1997). Both texts predate RDL 29/2026, so ask the body how it applies the rule today before you lodge.
At check-out: the end-of-lease document and deductions
RDL 29/2026 adds a new duty: when the lease ends, both parties sign an end-of-lease document recording the condition of the home (art. 36.7 LAU). If it is not signed, or records no damage, the home is presumed to have been returned in good condition unless proven otherwise.
In practice, a deduction without that document is hard to defend. Inspect with photos room by room, note each defect with its estimated cost and sign the document when the keys come back, not a week later.
Be careful what you deduct on temporary leases: the new art. 21 bis LAU puts small repairs caused by ordinary wear on the landlord. Normal scuffs on a wall after six months are not chargeable damage; a broken door is, backed by an invoice or a quote.
The clock starts at key handover. If a month passes without returning the balance, that balance accrues legal interest (art. 36.4 LAU). With dozens of check-outs a month, that month goes fast between inspection, quotes and the owner's sign-off.
Extensions: what happens to the deposit
At each extension, the landlord can ask for the fianza to rise to one month of the current rent, and the tenant can ask for it to fall if the rent went down (art. 36.2 LAU). If you update it, the amount lodged with the regional body has to match the current contract too.
On temporary leases, an extension needs an express agreement and, as a rule, the whole stay stays within twelve months (art. 9 bis.1 LAU). More than two consecutive temporary contracts between the same parties for the same home turn the first one into a residential lease (art. 9 bis.2), with its own rules. If the stay continues, the deposit is not refunded and collected again: it carries over to the next contract.
When the home moves to a new tenant, Madrid lets the owner offset the lodged deposit: no refund request, just register the new contract and pay in the difference, according to its deposit page.
What we see at Globexs
Globexs, the furnished mid-term rental agency where Rentamos was born, has operated since 2002. Between January 2024 and September 2026 it recorded 172 paid deposit refunds: the median was 19 days from contract end to payment, and 83% were paid within 30 days.
Put the other way, close to one refund in six ran past the legal month. 21% of tenant settlements included a deduction, with a median of 18% of the deposit when there was one. The method is in the data block on this page.
How we run it from check-out to approved refund
In Rentamos, the deposit sits on the booking from day one. On an extension, the earlier booking is closed with "To Completed", which keeps the deposit, and the deposit appears on the next booking; the refund is only created at the end of the chain.
Check-out: moving the booking to "Checked Out" creates the deposit refund with its amount; bookings without a deposit create none.
Inspection: the maintenance report records each remark with photos and, if you switch it on, a deposit deduction per remark as a basis for the conversation with the tenant.
Tenant: the tenant portal shows the published report with the deductions, the deposit and the amount to be returned.
Approval and payment: the refund list shows the status, the owner and their IBAN when a deduction goes to them, and exports for the bank transfer. When the last deposit of a booking is settled, the booking moves to completed on its own.
Whoever runs the portfolio sees in one list which refunds are pending and since when, instead of piecing it together from the bank and email. See how it fits the rest of the operation on our mid-term rentals page or, if your contracts run a year or more, on long-stay rentals.
What the software does not do for you
Rentamos does not connect to the Agencia de Vivienda Social, INCASÒL or the Generalitat Valenciana: lodging and reclaiming the deposit with the regional body happens on their own portals. The lodging date and reference are not a standard field; you keep them in a custom field on the booking.
It does not enforce legal caps either: if someone enters two months of additional guarantee on a new temporary lease, the system will not block it. There is no built-in e-signature for the end-of-lease document, so it is signed on paper or with your own signing tool.
If you are choosing software for mid-term rentals in general, read what short-term PMS tools miss. Tracking your portfolio's deposits in a spreadsheet? Book a free 20-min call and we will walk through it with your own contracts.
Mistakes that cost the most
- Lodging the fianza late
- Costs In the Valencian Community, a surcharge of 5 to 20% on the deposit depending on the delay (art. 3 Decree 46/2022).. Fix: Record the lodging deadline on the booking the day the lease is signed and review open items every week.
- Refunding after the month is up
- Costs The balance accrues legal interest from one month after key handover (art. 36.4 LAU).. Fix: Inspect on check-out day and request quotes the same week.
- Skipping the end-of-lease document
- Costs The home is presumed returned in good condition (art. 36.7 LAU), leaving deductions without support.. Fix: Sign the document with the check-out photos when you collect the keys.
What to do in your situation
| If you are | Start with | Watch out for |
|---|---|---|
| Mid-term furnished rental agencies (1–11 months) | Split contracts signed before and after 8 October 2026: the fianza and the legal regime differ. | In extension chains the deposit carries over; what is lodged with the region must match the current contract. |
| Long-term rental managers in Spain (full management) | Update the fianza at each extension to the current rent (art. 36.2 LAU) and update the lodged amount. | Agree in writing who refunds the deposit, the agency or the owner, before the first check-out. |
| Agencies letting flats to students by academic year | One fianza per contract even in shared flats: letting a room is a residential lease (art. 2 LAU). | June check-outs arrive in a batch: plan inspections so refunds stay within the month. |
Who this is not for
- Short-term holiday-let operators
- Tourist lets fall outside the LAU (art. 5.e), so their damage deposits do not follow art. 36. → Instead: A holiday-rental PMS with damage-deposit handling.
- Owners looking for someone to lodge the deposit with the region
- Rentamos tracks the deposit inside the agency but does not file lodgings or refund requests with the authorities. → Instead: A gestoría (Spanish administrative agency) or a property administrator who handles the filing.
- Managers outside Spain
- The rules here and Rentamos's templates follow the LAU and Spanish regional law. → Instead: Software built for your country's tenancy law.
Sources and expert input
- BOE: Law 29/1994 on Urban Leases (LAU), consolidated text (arts. 2, 9 bis, 21 bis and 36), in Spanish (opens in a new tab)law
- BOE: Royal Decree-law 29/2026 of 6 October (BOE-A-2026-20823), in Spanish (opens in a new tab)law
- BOE: Law 5/2025 of 16 December on Housing in Andalusia, sixth additional provision (BOE-A-2026-423), in Spanish (opens in a new tab)law
- Comunidad de Madrid: rental deposits (lodging, offsetting and refund), in Spanish (opens in a new tab)official
- INCASÒL: lodging rental deposits (art. 3 Law 13/1996), in Spanish (opens in a new tab)official
- INCASÒL: refund of rental deposits (art. 13.3 Decree 147/1997), in Spanish (opens in a new tab)official
- DOGV: Decree 46/2022 of 29 April on lodging, refund and inspection of deposits, in Spanish (opens in a new tab)law
- Generalitat Valenciana: deposit refund request, in Spanish (opens in a new tab)official
Frequently asked questions
How much deposit can I ask for a mid-term rental in Spain in 2026?
For temporary leases signed on or after 8 October 2026, our reading is one month of fianza (art. 36.1 LAU) plus at most one month of additional guarantee (art. 36.5). Seasonal contracts signed earlier keep two months of fianza until they expire. Check with your lawyer: RDL 29/2026 is still awaiting ratification.
Where do I lodge a rental deposit in the Valencian Community?
With the Generalitat Valenciana, using form 806, within one month of signing or of the actual start of the lease (art. 3 Decree 46/2022). Late payment without a prior notice adds a surcharge of 5 to 20% depending on the delay.
What can I deduct from the deposit at the end of a lease?
Damage beyond normal use and money the tenant owes, backed by an invoice or a quote. On temporary leases, small repairs caused by ordinary wear are the landlord's cost (art. 21 bis LAU). Without a signed end-of-lease document, the home is presumed returned in good condition (art. 36.7).
How long do I have to return the deposit in Spain?
The LAU ties the deadline to interest: the balance due accrues legal interest if it is not returned within one month of key handover (art. 36.4 LAU). One month is therefore the working deadline, and the Comunidad de Madrid states the same on its deposit page.
Do I still have to lodge the deposit in Andalusia in 2026?
No. Since 24 January 2026 the Andalusian government no longer holds rental deposits (sixth additional provision, Law 5/2025). Deposits lodged before that date are returned on request as each contract ends.
What happens to the deposit when a tenant extends?
The deposit is not refunded; it carries over to the new period. At each extension the landlord can ask for it to rise to one month of the current rent (art. 36.2 LAU). On temporary leases, more than two consecutive contracts with the same tenant and home turn the first into a residential lease (art. 9 bis.2).
How does an agency keep track of deposits across 100 flats?
With one record per contract: how much was collected, where and when it was lodged, what was deducted and when it was refunded. A list of pending refunds sorted by check-out date keeps you inside the legal month; at Globexs, 83% of 172 refunds were paid within 30 days.
What changed in this guide
- First published.
Want to see this running on your own portfolio? We'll walk you through it on a free video call: Book a free 20-min call.
A 20-minute call. No deck. Real product.
We'll show you the modules that match your operation, walk through your current pain points, and tell you honestly whether Rentamos is the right fit.
No commitment, no credit card.