Fianza
rental deposit
Definition
The fianza is the security deposit Spanish law requires at the start of a tenancy: one month's rent for a residential lease, two months for any other use. It is not income — it is money held against unpaid rent or damage, and it goes back to the tenant when the tenancy ends.
Why it matters
You have one month from the keys coming back to return it. After that month, the outstanding amount accrues statutory interest — the clock does not wait while you decide what to deduct.
The fianza is a legal minimum, not a ceiling: you may also ask for an additional guarantee (a bank guarantee, extra months, a guarantor). That extra money is contractual and is treated differently from the fianza itself, so keep the two clearly separated in the contract and in your records.
In Catalonia you must lodge the fianza with INCASÒL. Not doing it is your breach, not the tenant's — and it is the first thing that gets raised when a return is disputed.
Where this comes up
Related terms
Sources
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