When considering renting a house in Spain, one concern that weighs on both tenants and landlords is the rental deposit. This mandatory payment is handed to the owner as security against potential damages, and questions often arise about its amount. Urban Tenancy Law, known as LAU, clearly defines how much may be requested. This article explains everything needed to navigate this aspect of renting with confidence.
How many months’ rent deposit can the landlord ask for?
Under article 36 of LAU, the rental deposit is mandatory and must be provided in cash. For residential rents, the law limits the deposit to one month’s rent. For non-residential uses, a two-month deposit applies. In the most common scenarios, such as renting a house or apartment for living, a maximum of one month’s rent deposit is required by the law.
Update rental deposit
The rental deposit amount should not be increased during the first five years of the contract. However, the owner may request an adjustment when the contract is renewed. Tenants planning to stay in the same home for a long period should keep this rule in mind to avoid surprises at renewal time.
Additional warranty: How much can you ask for?
Beyond the basic rental deposit, there is an option to add an extra guarantee to the rental agreement. This additional amount helps ensure timely payment and covers potential losses. Until 2018, there was no legal limit on this extra guarantee, but since then, a maximum of two months’ rent can be requested. If both the standard deposit and the extra guarantee are included, the total payment due at signing could reach three months’ rent, covering the current month plus the two-month guarantee.
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Why doesn’t the landlord refund the rental deposit?
At the end of the contract, the landlord is required to return the rental deposit unless there are valid deductions. Valid reasons include non-payment of monthly rent or damage to the property. LAU outlines these conditions clearly, helping tenants understand what may justify keeping part or all of the deposit, and preventing unpleasant surprises when the lease ends.