Besides the deposit, how much can I be asked for as a guarantee or bank guarantee?

Question

José Manuel Alburquerque · Accepted Answer

In a residential tenancy agreement of up to five years, or up to seven if the landlord is a company or other legal entity, the additional guarantee on top of the statutory deposit (the “fianza”) cannot be worth more than two months' rent. In a temporary residential tenancy, since 8 October 2026, it cannot exceed one month's rent. The limit applies to the total value, so a cash deposit, a bank guarantee or the two together cannot exceed it. If the agreement is for a longer term, the law sets no cap. Since that same date, moreover, you cannot be required to take out rent guarantee insurance. What counts towards the limit A cash deposit in addition to the statutory deposit. A bank guarantee. If, in a five-year agreement, you are asked for a bank guarantee covering six months' rent, that is over the limit. Several guarantees added together. If you have already handed over a cash deposit of two months' rent, you cannot also be asked for a bank guarantee. A guarantor, the person who is liable with his or her own assets if you do not pay, is a different matter. It is not clear whether this counts towards the limit. If you have been asked for too much The clause is not valid to the extent that it exceeds the limit. You can ask for the excess to be returned or for the bank guarantee to be reduced. Do so in writing. If the money is not returned, the law requires an attempt to negotiate before a claim can be brought. If your agreement predates 8 October 2026, it is governed by the rules in force when it was signed. The two-month limit has applied since March 2019. The one-month limit for temporary residential tenancies and the ban on rent guarantee insurance date from October 2026. Earlier seasonal letting agreements had no limit, except, in Catalonia, those signed since 1 January 2026 for work, studies, health or another similar reason. The guarantee at the end of the agreement Like the statutory deposit, the additional guarantee covers anything you owe at the end of the agreement and, if you owe nothing, it must be returned to you. In Catalonia only the statutory deposit of one month's rent is lodged with the “INCASÒL”, the Catalan public body that holds tenancy deposits. The landlord keeps the additional guarantee, so the agreement should state clearly how much was handed over and on what basis.