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What a landlord in Spain can ask you to pay

The deposit, extra guarantees, rent in advance and agency fees: what the law allows when you rent a home, and what it doesn't.

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When you rent a home in Spain, most of what you pay at the start is set by the Urban Leases Act (Ley de Arrendamientos Urbanos, LAU). Knowing the limits helps you tell a normal request from an abusive one, and a real landlord from a scammer.

ItemWhat the law says
Deposit (fianza)One month's rent, paid when you sign
Extra guaranteeUp to two more months' rent, as a deposit or a bank guarantee
Rent in advanceNo more than one month
Agency feesPaid by the landlord, not by you

The deposit

For a home, the legal deposit is one month's rent (LAU, article 36). In Madrid the landlord must lodge it with the regional government, not keep it in their account. When you leave, it has to be returned within a month of handing back the keys, minus any damage or unpaid bills the landlord can show. After that month, it earns legal interest.

Extra guarantees

On top of the deposit, a landlord may ask for an additional guarantee, such as a second deposit or a bank guarantee. For ordinary long-term contracts it may not be more than two months' rent.

Rent in advance

A landlord may not require more than one month's rent in advance (LAU, article 17). A request for three or six months up front, on a contract for a home, goes beyond what the law allows.

Agency fees

Since the Housing Act of May 2023, the fees of the estate agency and the costs of drawing up the contract are paid by the landlord. If an agency asks you, the tenant, for a fee to rent you the flat, ask what it is for.

A request that breaks these rules

It is not always a scam. Some landlords and agencies still ask for more than the law allows. But a demand for several months up front, before a visit or a contract, is exactly what a scam looks like. Visit, sign, and only then pay.

This is general information, not legal advice. For your own case, ask your region's housing office or a lawyer.

What a landlord in Spain can ask you to pay · Justísimo