Spain4 min read
Renting in Spain as a newcomer: deposit, fees, contract
A Spanish landlord can ask for one month's deposit and one month in advance, and the agency fee is the landlord's. Know the limits before you sign.
By the ReloFinder editorial team
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The short answer
Under Spain's urban leases law a landlord can never demand more than one month's rent in advance, the deposit (fianza) is one month's rent for a home, and an extra guarantee such as a bank guarantee cannot exceed two months' rent in contracts of up to five years. Letting-agency and contract formalisation costs are paid by the landlord (LAU articles 17, 20 and 36).
Asking rents in September 2026 were EUR 23.4 per m2 in Madrid, EUR 20.1 in Barcelona and EUR 16.5 in Málaga, against EUR 15.1 for Spain as a whole (idealista).
| Fact | Figure | Source |
|---|---|---|
| Maximum rent paid in advance | 1 month | Ley de Arrendamientos Urbanos, article 17.2, as of 6 Oct 2026 |
| Deposit (fianza) for a home | 1 month's rent | Ley de Arrendamientos Urbanos, article 36, as of 6 Oct 2026 |
| Maximum extra guarantee (contracts up to 5 years) | 2 months' rent | Ley de Arrendamientos Urbanos, article 36.5, as of 6 Oct 2026 |
| Asking rent per m2, Madrid | EUR 23.4 | idealista, September 2026, as of 1 Oct 2026 |
| Asking rent per m2, Barcelona | EUR 20.1 | idealista, September 2026, as of 1 Oct 2026 |
| Asking rent per m2, Málaga | EUR 16.5 | idealista, September 2026, as of 1 Oct 2026 |
Compare the relocation agencies in Spain.
What rents look like
Asking rents differ a lot between Spanish cities. Idealista, a listings portal, measured these asking rents for September 2026 (idealista, 1 Oct 2026):
| Place | Asking rent per m2 | Change on a year earlier |
|---|---|---|
| Madrid | EUR 23.4 | +4.8% |
| Barcelona | EUR 20.1 | -0.8% |
| Málaga | EUR 16.5 | +3.9% |
| Spain | EUR 15.1 | +5.6% |
For Valencia the same report gives only a regional change, +3.1%, and no price per m2. Idealista’s index comes from the listings on its own platform, and since July 2026 it leaves out seasonal and holiday lets. Read the numbers as asking prices, not as what sitting tenants pay.
The money at the start
The leases law (LAU), in the consolidated text published by the state gazette, sets three limits (Ley 29/1994):
- Rent in advance. Rent is paid monthly, normally in the first seven days of the month, and the landlord can never demand more than one month in advance (article 17.2).
- The deposit. The law requires a cash deposit, the fianza, of one month’s rent for a home (article 36.1). It is not updated during the first five years of the contract, seven if the landlord is a company.
- An extra guarantee. The parties can agree another guarantee, such as a bank guarantee, in addition to the deposit. In a home lease of up to five years (seven for a company landlord), its value cannot exceed two months’ rent (article 36.5).
So at the start the law allows one month of rent in advance, one month of deposit, and, for contracts up to five years, a further guarantee worth at most two months. If you are asked for more, point to the articles.
The agency fee
Article 20 says the costs of letting management and of drawing up the contract are paid by the landlord. Law 12/2023, the housing law, put that into the leases law (Ley 12/2023). A fee billed to you for the agent’s work on the lease is a fee the law puts on the other side.
The article speaks of the management and formalisation of the lease itself. A service you hire to search for you is a separate question, so ask the agent which one a fee is for, and get it in writing. Ask any agency who the client is, and who is being asked to pay.
How long the contract runs
The length is agreed by the parties. If it is under five years, or under seven if the landlord is a company, the contract extends by force of law, year by year, until it reaches five years (seven), unless you tell the landlord at least 30 days before the end that you do not want to renew (article 9). After six months you may leave with 30 days’ notice, and the contract may require compensation of one month’s rent for each year left (article 11).
For a newcomer on a job contract that may change, that exit is the safety net. Check whether the contract sets the compensation, and whether it applies to part-years.
Tense market zones
In an area declared a tense residential market under the housing law, a new lease cannot exceed the last rent of the home from the previous five years, after the yearly update, with a narrow set of exceptions up to 10% (article 17.6). Idealista reported that Catalonia declared 140 municipalities as tense markets in March 2024, rising to 261 from October 2024, and that the supply of permanent rentals in Barcelona fell by more than 56% while temporary rentals rose 58% (idealista, 16 Mar 2026).
So in Barcelona, ask which type of contract you are being offered, and what it says about duration and the right to leave.
Before you sign: five questions
- Is the deposit one month, and is the amount in the contract?
- Am I asked for more than one month in advance?
- Who is the agent working for, and is any fee asked from me?
- Is the address in a tense market zone, and what was the last rent?
- How long is the contract, and what happens if I leave after six months?
Registering your address at the town hall is a separate step (see our guide to NIE and TIE in Spain).
What we could not source
We did not find an official list of the declared tense zones outside Catalonia, so this guide names none. Second-hand guides in the research say Madrid, Valencia and Málaga have none, but we did not verify it. We also did not verify the estate-agent registers of the regions, nor the rules for temporary or seasonal contracts. Check the Ministry of Housing, your region and a Spanish lawyer.
Common questions
Who pays the real estate agency?
The landlord. Since Law 12/2023 changed article 20 of the leases law, the costs of letting management and of drawing up the contract are paid by the landlord. The tenant pays only what the law and the contract allow for the home's running costs.
How long is a Spanish rental contract?
The parties agree the length, but if it is under five years (seven if the landlord is a company), the contract extends each year until it reaches that minimum, unless the tenant gives 30 days' notice not to renew (article 9). After six months the tenant may leave with 30 days' notice, and the contract may require compensation of one month's rent per remaining year (article 11).
What is a tense market zone?
An area declared as such under Law 12/2023. There, a new lease cannot exceed the last rent of the home in the previous five years, once the yearly update is applied, with narrow exceptions up to 10% (article 17.6). Catalonia declared 140 municipalities from March 2024 and 261 from October 2024 (idealista, March 2026).
Can the landlord ask for the rent in cash?
Payment is by electronic means. In a case where one side has no bank account or access to electronic payment, it may be made in cash at the rented home on that side's request (article 17.3).
When do I get the deposit back?
The balance of a cash deposit that is owed to the tenant earns the legal interest if it is not returned within one month after you hand back the keys (article 36.4).
Sources
Every figure above names its source and date in the sentence. The links below were read on the day shown.
- Ley 29/1994 de Arrendamientos Urbanos (consolidated), articles 9, 11, 17, 20, 36 · Official State Gazette (BOE), 25 Nov 1994, read 6 Oct 2026
- Ley 12/2023 por el derecho a la vivienda · Official State Gazette (BOE), 25 May 2023, read 5 Oct 2026
- Rent prices September 2026 (published 1 Oct 2026) · idealista, 1 Oct 2026, read 6 Oct 2026
- Two years of rent caps in Catalonia (16 Mar 2026) · idealista, 16 Mar 2026, read 6 Oct 2026
Change log
- Removed an agency that is not listed on relofinder.com.
This guide is general information, not legal, tax or immigration advice. Rules change; check the sources above before you act. Written by the ReloFinder editorial team. How ReloFinder works and who pays
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