How many months' deposit can I be asked for?

Question

José Manuel Alburquerque · Accepted Answer

In a residential tenancy, the statutory deposit (the “fianza”) required by law is a sum of money equal to one month's rent. If you are asked for “two months' deposit”, the second month is not a deposit but an additional guarantee, which in most agreements cannot exceed two months' rent, or one in a temporary residential tenancy. So, when signing an agreement of up to five years, you can be asked for four months' rent at most, made up of the deposit, two months' additional guarantee and the first month's rent. In Catalonia the landlord must lodge the deposit with the “INCASÒL”, the Catalan public body that holds tenancy deposits. The deposit and what is not a deposit The statutory deposit is one month's rent for a home and two months' rent for commercial premises. Since 8 October 2026, a temporary residential tenancy, formerly known as seasonal letting, has been a residential tenancy and its deposit is also one month's rent. Seasonal letting agreements signed before that date remain commercial leases (“uso distinto del de vivienda”) until they end. Their deposit is two months' rent, which in Catalonia is reduced proportionately if the agreement lasts less than a year. However, those signed in Catalonia since 1 January 2026 for work, studies, health or another similar reason are already subject to the deposit and guarantee rules for residential tenancies. The deposit is paid in money. A bank guarantee or an additional cash deposit is something else, an additional guarantee with its own limits. During the first five years, or the first seven if the landlord is a company or other legal entity, the deposit is not updated even if the rent goes up. After that, at each extension, the landlord can ask for it to be increased, or you can ask for it to be reduced, until it equals one month's rent at that time. The most you can be asked for on signing An example with a rent of 1.000 euros a month, in an agreement of up to five years: Deposit, 1.000 euros. Additional guarantee, 2.000 euros at most, whether in money, by bank guarantee or a combination of the two. First month's rent, 1.000 euros. The law does not allow more than one month's rent to be required in advance. In total, 4.000 euros at most. In a temporary residential tenancy with the same rent, 3.000 at most. If the agreement is for more than five years, or more than seven with a legal entity as landlord, the law does not limit the additional guarantee. You cannot be charged the letting agent's fees. Lodging the deposit in Catalonia In Catalonia, the landlord must lodge the deposit with INCASÒL, the “Institut Català del Sòl”, within two months of signing and give you a copy of the receipt. The additional guarantee is not lodged there. The landlord keeps it. At the end of the agreement, it is the landlord who returns the deposit to you, after deducting anything you owe.