Rental Deposit Guarantees and Fianza Rules for Costa Blanca Landlords in 2026: How Much and Where to Lodge It

Rental Deposit Guarantees and Fianza Rules for Costa Blanca Landlords in 2026: How Much and Where to Lodge It

If you let a long-term home on the Costa Blanca, the law lets you take one month's rent as the legal deposit (fianza) for residential lets — and in the Valencian Community you are legally required to lodge that fianza with the regional housing body (through the EVHA/IVIMA system) within 30 days of signing the contract. You may also ask for an additional guarantee (such as an extra month or a bank guarantee), but that is capped and governed separately. Get this wrong and you face a fine, lose your right to deduct for damage, and hand the tenant a strong card in any dispute.

The rules come from the national Urban Tenancies Act (Ley de Arrendamientos Urbanos, LAU), but lodging and the exact deposit mechanics vary by autonomous community — so a landlord on the Costa Blanca (Valencian Community), Costa Cálida (Murcia) or the Costa del Sol and Costa Almería (Andalucía) each face slightly different obligations. This guide sets out, region by region, how much you can take, where to lodge it, and how to get it back cleanly at the end of the tenancy.

What exactly is the "fianza" and how is it different from a deposit?

Spanish law distinguishes two things that English-speakers lump together as a "deposit":

  • Fianza legal — the statutory deposit. For a long-term residential let (vivienda habitual) it is fixed at one month's rent. For a let classed as "for a use other than housing" (seasonal lets, business premises) it is two months. This amount must be lodged with the regional authority.
  • Garantía adicional — an extra, voluntary guarantee the landlord may negotiate to cover non-payment or damage. Under the LAU this additional guarantee is capped at two months' rent for contracts up to five years (or six where the landlord is a company). It is not lodged with the authority — it can be a cash sum you hold, a bank guarantee (aval bancario) or a deposit insurance product.

So a typical Costa Blanca long-let can lawfully involve one month's fianza plus up to two months' additional guarantee — a maximum of three months' rent in total up front, on top of the first month. Anything beyond that is not enforceable.

Why the fianza is not "yours" to spend

Many first-time landlords assume the deposit sits in their current account as a cushion. It does not. The fianza is held in trust against damage and unpaid obligations, and in the Valencian Community the capital of the legal fianza must physically be deposited with the regional housing fund. You get it back when you return the keys. Spending it during the tenancy is both unlawful and a fast route to a claim.

How much deposit can a landlord take on each costa in 2026?

The headline figures below come from the LAU and apply across all four regions. What changes is the lodging body and procedure.

Legal fianza and additional guarantee limits for long-term residential lets, 2026
Item Residential let (vivienda habitual) Seasonal / non-housing let
Legal fianza (must be lodged)1 month's rent2 months' rent
Maximum additional guaranteeUp to 2 months' rentFreely negotiable
Practical maximum up front~3 months (fianza + guarantee) + first monthNegotiable
Deadline to lodge the fianzaVaries by region (see below)Same rules apply

If you are weighing up whether to let at all rather than sell, our rent vs buy comparison for the Costa Blanca and Costa del Sol is a useful companion read, and the wider framework of tenant and landlord rights is covered in our 2026 rental law guide.

Where do I lodge the fianza — region by region?

This is where the four costas genuinely diverge. The obligation to deposit the fianza with a public body exists because the regional housing funds use pooled deposits to finance social housing — and because it protects tenants from landlords who "forget" to return money.

Where to lodge the rental fianza by region, 2026
Region (coast) Autonomous community Lodging body Typical deadline
Costa Blanca Valencian Community EVHA / IVIMA housing fund (via the Generalitat's rental deposit system) Within ~30 days of signing
Costa Cálida Región de Murcia Regional housing authority (Dirección General de Vivienda) Within ~30 days of signing
Costa del Sol Andalucía AVRA (Agencia de Vivienda y Rehabilitación de Andalucía) Within ~30 days of signing
Costa Almería Andalucía AVRA (Agencia de Vivienda y Rehabilitación de Andalucía) Within ~30 days of signing

Costa Blanca (Valencian Community)

The Valencian Community operates a mandatory deposit system. Within roughly a month of signing you must either pay the fianza into the regional fund or, if you are a frequent landlord, use the régimen concertado that lets approved managers hold deposits collectively. You will need the contract details, the property's cadastral reference and both parties' NIE/NIF. This is one reason it pays to have your tax numbers sorted early — see our explainer on the difference between the NIF and NIE.

Costa Cálida (Murcia)

Murcia likewise requires the legal fianza to be lodged with the regional housing authority, with an equivalent one-month window. If your Costa Cálida property is a holiday home that you occasionally let, be careful not to confuse the long-term fianza rules with tourist-let obligations — and bear in mind the separate tax duties set out in our guide to Costa Cálida holiday-home taxes (IBI and Modelo 210).

Costa del Sol and Costa Almería (Andalucía)

Both these coasts sit within Andalucía, so the lodging body is the same: AVRA. Andalucía runs an online portal for lodging and refunding deposits, and also offers a régimen concertado for professional managers. The deadline is again about a month from signing, and failure to lodge can trigger penalties and complicate any later deduction for damages.

What happens if I don't lodge the fianza?

Across all four regions, failing to lodge the fianza is an administrative offence that can lead to a fine (often a percentage of the un-lodged amount, with minimums that can run into the hundreds of euros). More painfully for day-to-day letting:

  • You weaken your legal position if you later try to withhold part of the deposit for damage.
  • You may be ordered to lodge retroactively and pay the penalty.
  • In a dispute, a tribunal or arbitrator tends to read non-compliance as evidence of a disorganised landlord.

The cost and hassle of lodging correctly are trivial compared with the downside of not doing it. For absentee owners who live abroad, this is exactly the kind of task a local manager handles — our property management guide for absentee owners explains how.

How and when do I return the deposit at the end of the tenancy?

When the tenant hands back the keys, the clock starts. Under the LAU, if the landlord does not return the deposit within one month of the keys being returned, the outstanding sum accrues legal interest. The practical sequence is:

  1. Inspect the property against the inventory and the entry-condition record (photos and a signed inventory at move-in are your best friend here).
  2. Request the fianza back from the regional body (EVHA/IVIMA in Valencia, AVRA in Andalucía, the Murcia authority on the Costa Cálida). The fund returns the lodged capital to you.
  3. Settle with the tenant — return the deposit minus any justified deductions, with receipts or quotes for repairs beyond fair wear and tear.
  4. Document everything in writing in case of a claim.

What can you legitimately deduct?

You may deduct for genuine damage beyond normal wear and tear, unpaid rent, unpaid utilities that were the tenant's responsibility, and cleaning if the property is left in a poor state. You cannot deduct for ordinary ageing — faded paint, minor scuffs, a worn sofa. The burden is on the landlord to evidence the deduction, which is why a dated inventory and photographs at both ends of the tenancy matter so much.

Can I use a bank guarantee instead of extra cash?

Yes — the additional guarantee (not the legal fianza) can take the form of an aval bancario, a bank-backed guarantee the tenant arranges, or a rental-default insurance policy. These are common where a tenant has limited Spanish credit history or where the rent is high. They do not replace the legal fianza, which still has to be a cash amount lodged with the authority. For international tenants and landlords, moving these sums across borders raises currency questions covered in our guide to sending money to Spain.

Common mistakes Costa Blanca landlords make with the fianza

  • Taking too much up front. Asking for six months "for security" is unenforceable and off-putting; stick to the lawful limits.
  • Not lodging it. The single most common and most penalised error.
  • Confusing seasonal and residential lets. A nine-month student let and a holiday let have different fianza amounts and different licensing rules — check our tourist rental licence guide if any part of your letting is short-term.
  • No written inventory. Without it, deductions are almost impossible to defend.
  • Spending the fianza during the tenancy. It is not working capital.

Frequently Asked Questions

How much deposit can a landlord legally take on the Costa Blanca in 2026?

One month's rent as the legal fianza for a residential long-term let, plus an additional guarantee of up to two months' rent. The fianza must be lodged with the Valencian Community's housing fund within about 30 days of signing.

Where do I lodge the fianza if my property is in Alicante province?

With the Valencian Community's rental deposit system (EVHA/IVIMA). Professional landlords can use the régimen concertado to manage multiple deposits collectively.

Is the fianza the same on the Costa del Sol and Costa Almería?

Yes. Both are in Andalucía, so the amount (one month for residential lets) and the lodging body (AVRA) are identical, using Andalucía's online portal.

What is the deposit for a seasonal or holiday let?

Lets classed as "for a use other than housing" — including many seasonal contracts — carry a legal fianza of two months' rent rather than one. Short tourist lets are governed separately and require a licence.

When must I return the tenant's deposit?

Within one month of the keys being returned. After that, the outstanding balance accrues legal interest, and the tenant can claim.

What happens if I never lodged the fianza?

You risk an administrative fine, may be ordered to lodge it retroactively, and weaken your ability to justify deductions. Lodge it correctly from the start.

Can I keep the whole deposit if the tenant leaves early?

No. You can only withhold sums you can justify — unpaid rent genuinely owed, documented damage beyond wear and tear, or unpaid bills. Early departure alone does not entitle you to keep the fianza.

Thinking of buying a property to let on the Spanish coast?

Getting the fianza right is just one part of being a confident landlord on the Costa Blanca, Costa Cálida, Costa del Sol or Costa Almería. Whether you are buying your first rental investment or expanding a portfolio, the team at Mediter Real Estate can help you find the right property and point you to trusted local professionals for contracts, deposit lodging and management. Get in touch with us today to discuss buy-to-let opportunities across Spain's four most popular coasts.

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