Renting a Flat in Spain: Contracts, the Fianza and Your Region’s Deposit Rules

Covers: the Comunidad de Madrid, Catalonia, the Valencian Community and Andalusia, region by region.

This guide is for internationals who have just moved to Spain and are renting a flat in Madrid, Catalonia, the Valencian Community or Andalusia. After reading it, you will know what a rental contract must contain, how the fianza (the tenant’s deposit) works, what your region requires the landlord to do with it, and how to check.

• The contract and the fianza
• Comunidad de Madrid
• Catalonia and the Incasòl
• Valencian Community
• Andalusia and Ley 5/2025
• FAQ

The contract and the fianza

Once landlord and tenant agree terms, they sign the contrato de arrendamiento (tenancy agreement). The Comunidad de Madrid’s guide to the rental process explains that the contract serves as evidence if disagreements arise. It must state who both parties are, the property, the agreed duration, the initial rent and any clauses the parties agreed. For contracts from 1 June 2013, the owner must have a Certificado de Eficiencia Energética (energy performance certificate).

Duration follows the national Ley de Arrendamientos Urbanos (LAU, the Urban Leases Act). For contracts from 5 March 2019, as the Madrid page summarises it, the parties agree the length freely. If it is under five years, or under seven where the landlord is a company, the contract renews yearly until it reaches that minimum. The exception is when the tenant gives at least thirty days’ notice before the end date that they will not renew.

The fianza is the guarantee the tenant hands over so that the contract terms are met. For a main home it is one month’s rent in all four regions covered here. The landlord’s duty to lodge it with a regional body differs by region, so read the section for the region where the flat is.

Comunidad de Madrid

In the Comunidad de Madrid, the tenant hands over one month’s rent as fianza on signing and also pays the Impuesto sobre Transmisiones Patrimoniales (ITP, a transfer tax). The Comunidad de Madrid’s deposits page says the landlord must deposit the fianza with the Agencia de Vivienda Social (the regional social housing agency). The deposit earns no interest.

• Deadline: 30 working days from signing. Late payment carries a 2% surcharge, or 5% after more than a year.
• Penalty: failing to deposit can lead to a fine of up to 90,000 euros.
• Return: the landlord must return the fianza within one month of the contract ending and the keys being handed back.
• Proof: the deposit resguardo (receipt) carries a number starting with 251, which is needed for any later step.

To check, the page offers an acreditación de tu fianza (proof of deposit) request. Both landlords and tenants can use it, and it needs supporting documents. The page does not list those documents. The Área de Fianzas is at calle Basílica, 23, open from 09:00 to 17:00, and a cita previa (appointment) is recommended.

Catalonia and the Incasòl

In Catalonia, the deposit goes to the Institut Català del Sòl (Incasòl, the Catalan land agency). Its deposit page says the landlord must deposit the fianza within two months of signing. The landlord uses form Modelo 2, which generates a control number.

• Amount: one month’s rent for a main home and two months for other uses. Other uses include homes that are not the tenant’s habitual residence. Seasonal contracts under one year pay a proportional amount based on two months.
• Documents: the signed contract with all annexes and the cadastral reference. Main-home contracts from 26 March 2026 need the report from SERPAVI (the state rental price index) attached. Temporary rentals from 1 January 2026 need a document proving the purpose of the let.
• Language: a contract in a foreign language needs a literal translation into Catalan or Spanish.
• Registration: entry in the deposit register takes about 15 days, after which the Incasòl sends the registration number by post or email.

The page is written for landlords and does not explain how a tenant can check a deposit. The Incasòl decides how it handles such requests.

Valencian Community

The Generalitat Valenciana’s deposit procedure says landlords must ask the tenant for a fianza and deposit it with the Generalitat within the month after signing. The amount is one month’s rent for a home and two for other uses. Landlords can pay online with form 816, which accepts the tenant’s passport number, or at a partner bank with form 806. Late deposits carry surcharges: 5% up to three months late, 10% between three and six months, 15% between six and twelve, and 20% beyond twelve.

This page sets out how a tenant can check. The tenant sends a written request with a photocopy of the contract and of the requester’s NIF to fianzastelematicas@gva.es. It can also go by post to the Secretaría Territorial de Valencia, C/ Palau, 12, 46003 Valencia. The page mentions only the NIF, so the office decides whether it accepts other identification.

Andalusia and Ley 5/2025

Ley 5/2025 is the Andalusian Housing Law, in force from 24 January 2026. The AVRA notes on Ley 5/2025 say it abolishes the duty to deposit the fianza with the regional government for contracts signed from 24 January 2026 inclusive. For contracts dated before that, the duty remains. The region will return those deposits as each contract ends, on request, within one month of the request.

For those older contracts, AVRA’s frequently asked questions set out the rules of the Agencia de Vivienda y Rehabilitación de Andalucía (AVRA). The deposit is one month’s rent for a home and two for other uses, which include seasonal lets. Failing to deposit counts as a serious offence, with a fine of 50% to 150% of the amount. The landlord requests the return with form 810.

Neither page explains how a tenant can check a deposit, or how the fianza is handled under contracts from 24 January 2026.

FAQ

Who has to deposit the fianza with the region?

The landlord. The tenant pays the fianza to the landlord. The landlord then lodges it with the Agencia de Vivienda Social in Madrid, the Incasòl in Catalonia or the Generalitat in the Valencian Community. In Andalusia, the duty covers only contracts dated before 24 January 2026.

How much is the fianza for a main home?

One month’s rent in all four regions. Two months applies to other uses. In Catalonia and Andalusia, other uses include seasonal or non-habitual lets.

How quickly must a landlord return the fianza?

The Comunidad de Madrid page says within one month of the contract ending and the keys being handed back. The Catalan and Valencian pages do not state a period. In Andalusia, AVRA’s one-month period covers returning the deposit after the landlord asks for it.

Can a tenant check that the deposit was made?

In the Valencian Community, a tenant can send a written request with copies of the contract and the requester’s NIF. In Madrid, tenants can use the acreditación request. The Catalan and Andalusian pages do not describe a tenant check, so the office decides.

Sources: comunidad.madrid · comunidad.madrid · incasol.gencat.cat · gva.es · juntadeandalucia.es · juntadeandalucia.es

Last verified: 6 November 2026 against the pages linked above. Rules and fees change; the responsible authority always has the final word.

This is general information, not legal, tax or immigration advice. For your own situation, ask the office that handles your case (the Oficina de Extranjería, your ayuntamiento, the Seguridad Social or the Agencia Tributaria), a lawyer (abogado) or a gestor administrativo.