Deposit, extra guarantee and agency fees: what you can be asked for when renting
One month's deposit, up to two months of extra guarantee and fees paid by the landlord: the legal limits for renting a home in Spain.
1 min read
When signing a rental for a main home, several payments pile up, and not all can be required. These are the main limits.
Deposit
It is mandatory and equals one month's rent for housing, under article 36 of the Urban Leases Act. Many regions require it to be lodged with a public body.
Extra guarantee
It is voluntary and agreed by the parties. In contracts of up to five years, or up to seven if the landlord is a company, it cannot exceed two months. Bank guarantees and deposits are common forms.
Agency fees
Since the 2023 Housing Act, property management and contract formalisation costs in a home rental are paid by the landlord.
Duration
If the landlord is an individual, the contract may be extended up to five years at the tenant's choice; if a company, up to seven. After that, a further extension may apply unless one side gives notice.
Warning signs
- You are asked for six months upfront as a guarantee.
- You are charged for 'management' or 'file review'.
- The contract says you waive rights the law gives you.
If in doubt, ask for the contract in good time and consult your town hall's consumer or housing office. Seasonal lets and room rentals have different rules.
