How much deposit can I ask for, and where does it go?

Replies

• Martin (Soycasero)Equipo SoycaseroSep 19, 2026

  The statutory deposit is one month's rent for residential lettings and two months for other uses such as commercial premises (article 36 LAU). A further guarantee may be agreed on top, which for residential contracts of up to five years cannot exceed two additional months.

  The part that surprises people: the deposit must be lodged with the housing body of the relevant autonomous region, and that is the landlord's obligation, not the tenant's. In Madrid it is the Agencia de Vivienda Social, within 30 working days from the day after signing. Other regions have their own bodies and deadlines.

  Which body covers your property depends on where it is. Your gestoría can confirm it.

  Report