Fianza vs additional guarantee — what deposit can a landlord ask in Spain?

The fianza is the one obligatory month's deposit, lodged with INCASÒL and refundable at the end of the tenancy; an 'additional guarantee' is extra security the landlord may also request, but the LAU caps it at two months' rent — so the most you normally hand over up front is one month plus, at most, two.

 Fianza (legal deposit)Additional guarantee
What it isObligatory legal depositOptional extra security
Amount1 month's rent (long-term home)Up to 2 months (LAU cap)
Where it's heldLodged with INCASÒLHeld / arranged by the landlord
Refundable?Yes, less any damageYes, less any valid claim
Legal limitFixed at 1 month2 months maximum
If they ask for moreNot enforceableAnything above 2 months not enforceable

Add them up: the most a landlord can normally require up front on a long-term home is the first month's rent, the one-month fianza, and an additional guarantee of no more than two months.

Being asked for more than that — or for the deposit in cash with no INCASÒL registration — is a red flag worth questioning before you sign.

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Related

Sources: Ley 29/1994 de Arrendamientos Urbanos (LAU) — BOE; Idescat / INCASÒL — Estadística del lloguer (fiances registrades).

General information for people buying property in Spain — not legal, tax or financial advice.

Last reviewed June 2026.