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 is | Obligatory legal deposit | Optional extra security |
| Amount | 1 month's rent (long-term home) | Up to 2 months (LAU cap) |
| Where it's held | Lodged with INCASÒL | Held / arranged by the landlord |
| Refundable? | Yes, less any damage | Yes, less any valid claim |
| Legal limit | Fixed at 1 month | 2 months maximum |
| If they ask for more | Not enforceable | Anything 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.