Almost every landlord asks for a deposit. But few private owners know that in many regions it must be officially lodged — and what the risk is if it isn’t.
For a residential let under the LAU, the statutory fianza is one month’s rent (for temporada / non-residential use it can be two months). It is the legal security against damage or default.
On top of that you may agree an additional guarantee, within limits. The fianza itself, however, is set by law.
In several autonomous regions — including the Comunidad Valenciana — the fianza must be lodged with the regional housing or deposit body within a set period after signing.
Many private landlords skip this, often without knowing. They simply keep the deposit — and thereby fail to comply with the rules.
Not lodging the deposit can lead to penalties and puts you at a legal disadvantage in a dispute.
A correctly lodged and documented fianza actually protects you: with a clear handover report, a photo inventory and a clean return at the end, you avoid arguments.
We set the fianza correctly, lodge it where required, record the condition of the property with an inventory and photos, and handle a proper settlement when the tenant leaves. You don’t have to think about it.
By law the fianza is one month’s rent for a residential let (two months for temporada). An additional guarantee can be agreed within reasonable limits.
In regions with a lodging requirement that doesn’t comply. There the fianza must be lodged with the designated regional body within the set period.
Yes, less any damage or outstanding amounts, after a proper handover. A good photo inventory up front prevents arguments later.
Send us your current setup or contract. We’ll check whether the contract type, the deposit and the tax are right, and where the risk sits — with no obligation.
This explanation is informational, not legal advice. For a binding opinion we work with an associated abogado or gestoría.