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 a payment to the landlord — it is money held against unpaid rent or damage, and it comes back to you when the tenancy ends.
Why it matters
The deposit has to be returned within one month of you handing back the keys. After that month, the outstanding amount accrues statutory interest — the landlord does not get to sit on it while they decide.
The fianza is a legal minimum, not a ceiling: a landlord 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 it is worth knowing which part of what you paid is which before you ask for it back.
In Catalonia the landlord must lodge the fianza with INCASÒL. If it was never lodged, that is the landlord's breach, not yours — and it is usually the first thing worth checking when a deposit is slow to come back.
Where this comes up
Related terms
Sources
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