Signing a lease and upfront costsArticle 5 of 8 · 3 min read
Where your deposit (fianza) goes and how to check it
Explains why most landlords must hand your deposit to a regional public body, how to check that it happened, and which proof to keep. For tenants renting a home in Spain, from signing to getting the money back.
Key rules
- Lodging: In most regions your landlord must pay the fianza into a regional public body, not keep it.
- Proof: Ask for the lodging receipt and keep it with your contract and your own payment record.
- Rent: A deposit that was never lodged does not cancel your lease or excuse you from paying rent.
- Return: The landlord must return your deposit within one month of you handing back the keys, with legal interest payable on any late return.
Your landlord usually has to lodge the fianza with a regional body
The fianza for a home is one month's rent. In most regions the landlord must not keep it: they must pay it into a public body run by the region where the property is. The landlord files a form, pays online or in person, and gets a receipt or deposit number.
Regions that run a system include Andalusia, Catalonia, the Valencian Community, Madrid, the Balearic Islands, the Canary Islands, Galicia and others. Murcia, Ceuta and Melilla do not enforce lodging in practice. The region of the property decides the body, the deadline and the fines.
| Where you live | Body that holds the deposit | Deadline to lodge |
|---|---|---|
| Andalusia | AVRA (Andalusian housing agency) | 1 month |
| Balearic Islands | IBAVI (Balearic housing institute) | 1 month |
| Basque Country | Basque Government housing department | 1 month |
| Canary Islands | Instituto Canario de la Vivienda | 1 month |
| Catalonia | INCASÒL | 2 months |
| Community of Madrid | Agencia de Vivienda Social | 1 month |
| Galicia | Instituto Galego da Vivenda e Solo (IGVS) | 1 month |
| Navarra | Government of Navarra housing department (NASUVINSA) | 1 month |
| Valencian Community | Institut Valencià de l'Habitatge | 1 month |
How to check it was lodged
- Ask your landlord for the lodging receipt (justificante) from the regional body. It shows the contract number, both parties, the property address and the amount.
- If they do not give it to you, ask the regional housing body yourself whether a deposit is registered for your contract, in writing or through its electronic office. You may need the contract details and your ID.
- Do this soon after you sign.
If there is no proof
Failing to lodge is an offence under regional housing rules. Fines are set by each region and run from hundreds to several thousand euros; they go to the authorities, not to you. Do not skip your last month's rent as a way to recover the deposit, because the landlord could claim against you.
- Ask in writing by burofax with certified content: give both names, the property address, the contract date and the fianza paid, ask for a copy of the lodging receipt, and say you will report the matter to the regional housing authority if it is not supplied. Give a deadline of 10 to 15 days.
- Then file a complaint (queja or denuncia) with the regional housing body, and ask a tenants' association or consumer office for help. Attach your burofax receipt, the certificate of content and any reply.
- Keep paying rent and keep your claim: a missing lodging does not cancel the lease, and you are still owed the deposit back.
Getting it back
The landlord may deduct only unpaid rent or damage beyond normal wear, and your move-in inventory is your evidence. If the landlord does not return the deposit, you can claim it in civil court or through a small-claims procedure, which needs no lawyer up to €2,000. Your lodging receipt and payment proof make the claim much easier.
More in Signing a lease and upfront costs
- Signing a Spanish rental contract step by step
- Lease clauses to check or challenge before you sign
- How much cash you need on signing day
- Who pays community fees, IBI and rubbish tax
- Habitability and energy certificates before you rent
- Documenting the flat's condition when you move in
- Renting a Spanish flat with a dog or cat
← Back to Signing a lease and upfront costs · Find your city
Need certainty before you act?
For important relocation decisions, speak with a qualified human specialist.
Always verify important information with the relevant official authority or a qualified adviser before acting. This website uses large language models together with various public data sources, official government documents and other established sources. Due to the amount of data on this website, some information might be wrong. Information may also be incomplete or outdated.