Rental deposits in Spain: how much and where they go
The legal deposit for a residential letting in Spain is one month's rent and for a commercial letting two months, and the landlord must lodge it with the regional housing body rather than hold it personally.
gelisted editorial team · Updated 15 August 2026
The short version
- Residential deposit is 1 month's rent, commercial is 2 months.
- The deposit must be lodged with the regional body.
- An additional guarantee of up to 2 months may be agreed separately.
- Return is due within 1 month of handing back the keys.
A deposit held in the landlord's account is a deposit that generates an argument at the end. Lodging it is not optional and it protects both sides.
How much can be taken
One month's rent as the legal deposit for a dwelling and 2 months for a commercial letting. On top of that, the parties may agree an additional guarantee, commonly up to 2 further months, which the landlord holds and which is not lodged. A landlord asking for 6 months up front is outside normal practice and, in the residential case, well outside what the law contemplates.
| Item | Residential | Commercial |
|---|---|---|
| Legal deposit | 1 month's rent | 2 months' rent |
| Lodged with the region | yes | yes |
| Additional guarantee | up to 2 months by agreement | freely agreed |
| Held by | regional body | regional body |
| Return deadline | 1 month from keys | 1 month from keys |
| Interest if late | legal interest | legal interest |
| Updated during the term | after the first 5 years | |
| Bank guarantee as alternative | possible | common |
What can be deducted
Unpaid rent and charges, damage beyond normal wear and tear, and unpaid utility bills for the period of the tenancy. Not repainting because 3 years have passed, not replacing a worn but functioning appliance, and not general cleaning where the property is returned in reasonable condition. The distinction between damage and wear is where almost every deposit dispute lives.
The inventory decides
A dated inventory with photographs, signed by both parties at the start, is what makes a deduction defensible. Without it, the landlord is asserting a condition and the tenant is denying it. Twenty photographs and a 2 page schedule take 40 minutes at handover and resolve the question at the end in about the same time. Meter readings at both dates belong on the same document.
Repeating the same photographic sequence at the end, from the same positions, makes any comparison immediate.
Getting it back
The deposit is returned within 1 month of handing back the keys, and legal interest accrues in the tenant's favour on any balance returned after that. A tenant who has not received it should send a written demand with the bank details and a deadline, since the clock and the interest both start from the return of the keys, not from the demand.
Frequently asked
+How much deposit is legal?
One month's rent for a dwelling and two months for a commercial letting.
+Where must it be held?
Lodged with the regional housing body, not kept in the landlord's own account.
+Can more be asked for?
An additional guarantee of up to two further months may be agreed and is held by the landlord.
+What can be deducted?
Unpaid rent and utilities and damage beyond normal wear and tear, not routine redecoration.
+When must it be returned?
Within one month of handing back the keys, with legal interest accruing on any later payment.
Sources
- 1Boletín Oficial del Estado, BOE (August 2026)
- 2Govern de les Illes Balears, Govern de les Illes Balears (August 2026)