How many months of rent a landlord can demand upfront

Key rules

• Fianza: On a main-home lease the legal deposit is one month's rent.
• Additional guarantee: Any extra guarantee beyond the fianza is capped at two months' rent on standard 5-year leases (7 if the landlord is a company).
• Lodging: The landlord must lodge your fianza with the regional body where the property is.

The limit on a main-home lease

On a lease for your main home, the landlord can ask for one month's rent as fianza, plus an additional guarantee of up to two months' rent. That is three months in total. Anything above that is not allowed, and you can refuse to pay it.

The additional guarantee can be a cash deposit, a bank guarantee or a similar form. The two-month cap applies to the standard first 5 years of a lease, or 7 years if the landlord is a company. Longer leases are an exception: for those, the cap does not apply. Check the term in your contract.

Where the fianza goes

The landlord must lodge the fianza with the body your region designates for this. The body differs by region, and so does the way you check. Ask your landlord for proof it was lodged. You can also ask the regional body directly.

Fees

Agency and contract-formalisation fees on main-home leases are paid by the landlord, not you. This has been the rule since May 2023.

Some agencies still try to charge tenants, especially when the landlord is a private person. They argue the charge is for a service you asked for. This is disputed. Ask in writing what any fee covers before you pay it.

Seasonal leases and rooms

The limits above are written for main-home leases. A seasonal lease is mostly governed by what you and the landlord agree, so no legal cap on deposit or advance rent applies. The fianza itself is still compulsory and must be lodged with the regional body.

Rooms are less clear. A room you use as your main home is often treated like a main-home lease, but this varies.

A "seasonal" label does not protect a landlord if you really live there as your main home. Whether the label holds is decided by a court or the regional housing body, not by the contract wording.

If you were asked for too much

A clause asking for more than the limit is void. Do this:

• Refuse to pay the excess, and refuse to sign if the landlord insists.
• If you already paid, demand the excess back in writing, by burofax or by email with proof of sending.
• If that fails, complain to the regional housing department, your town hall's consumer office or a tenants' association. Small sums go through a simplified small-claims route.

Keep receipts and messages.

Documents you need

• Receipts or bank transfer records for every amount you paid

• Messages or emails with the landlord or agency where they asked for money

• A written demand for the excess back

Prepaying more months

Prepaying is a negotiated choice, not something the landlord can demand as a guarantee. It is riskier for you, so keep a written receipt and a contract clause saying how it is refunded. For a large prepayment, a lawyer can tell you whether it is safe.