Rental deposit: how much you can be asked for
In a housing rental the deposit (fianza) is one month's rent. The agreement can also require other guarantees, but the law caps them.
Reviewed on 4 November 2026Sources: Ley de Arrendamientos Urbanos · Real Decreto-ley 29/2026Who is behind this
The deposit: one month's rent
The deposit (fianza) is compulsory and, in a housing rental, is one month's rent in cash (art. 36.1 LAU).
When the agreement ends and you hand over the keys, the deposit has to be returned to you within a month: Return of the deposit.
Art. 36.1 LAU
Other guarantees: up to two more months' rent
In addition to the deposit, the agreement can require another guarantee: more money or a bank guarantee (aval). In agreements signed on or after 6 March 2019 for up to five years, or up to seven if the landlord is a company, that additional guarantee cannot exceed two months' rent (art. 36.5 LAU).
The review compares the money you paid with the cap.
According to the decree, the landlord can no longer require you to take out rent default insurance: this is explained in the insurance section, further down.
Art. 36.5 LAU
In advance: one month's rent
The landlord cannot require more than one month's rent in advance (art. 17 LAU).
Art. 17 LAU
Rent default insurance: the decree bans requiring it
Real Decreto-ley 29/2026, in force since 8 October 2026 and awaiting validation by Congress, says that the tenant cannot be required to take out rent default insurance or any similar cover (art. 36.5 LAU).
Art. 36.5 LAU · RDL 29/2026
Worked example
With a rent of 900,00 €, a landlord asks for 3.600,00 € in money before moving in: the deposit and additional guarantees.
The figures The deposit is one month's rent, 900,00 €, and the additional guarantee can be two, 1.800,00 €. The maximum is 2.700,00 €. You are asked for 3.600,00 €: 900,00 € above the cap.
Art. 36.1 · 36.5 LAU
Check what you have been asked for
The rental review compares the deposit, the guarantees and the advance payment in your agreement with these caps, and tells you by how much each cap is exceeded.
Laws
- LAU, art. 36.1 (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos) in force
- LAU, art. 36.5 (Real Decreto-ley 7/2019, de 1 de marzo) in force
- LAU, art. 17.2 (Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos) in force
- art. 3.Diecisiete, que reforma el art. 36.5 de la LAU (Real Decreto-ley 29/2026, de 6 de octubre) awaiting validation by Congress (pendiente de convalidación)
Frequently asked questions
How much deposit can I be asked for in a housing rental?
One month's rent, in cash (art. 36.1 LAU).
Can I be asked for other guarantees apart from the deposit?
Yes, but in agreements signed on or after 6 March 2019 for up to five years, or up to seven if the landlord is a company, that additional guarantee cannot exceed two months' rent (art. 36.5 LAU).
How much can I be asked to pay in advance?
No more than one month's rent in advance (art. 17 LAU).
Can I be required to take out rent default insurance?
Real Decreto-ley 29/2026, in force since 8 October 2026 and awaiting validation by Congress, says that the tenant cannot be required to take out rent default insurance or any similar cover (art. 36.5 LAU).