Fianza in Catalonia: how much the rental deposit is and how to get it back

How much the fianza is in Catalonia

The size of the deposit depends on the purpose of the lease. The LAU sets two rates: one month’s rent for housing and two months for leases for other purposes, that is, premises, temporary holiday lets and the like (article 36.1). The deposit is paid in cash (en metálico), not in kind, when the contract is signed [1]. Incasòl specifies which contracts count as housing [4].

The legal entity row matters if a company rents the flat for an employee: the deposit is then doubled. Incasòl’s example for a short holiday contract: three months at €600 make €1,800 for the period; divide by 12 and multiply by two: a deposit of €300 [4].

During the first five years of the contract the deposit is not updated, but at each extension the landlord may require the tenant to top up the difference, or the tenant may reduce the deposit to one month of the current rent (article 36.2). If the contract runs for more than five years, the parties set the update rules, and if there is no specific clause, whatever they agreed on rent indexation applies (article 36.3) [1].

Who lodges the deposit with Incasòl and when

The deposit is lodged by the landlord, not the tenant. The deadline is two months from the date the contract is signed [2]. The money goes to Incasòl (Institut Català del Sòl) using form Model 2, the system assigns a control number (NC), and then the record receives a fianzas register number [2][4]. A representative of the landlord can also lodge the deposit, but it is the representative who must identify themselves electronically [2].

If the landlord is late, the surcharge on the deposit is 5% for a delay of up to three months, 10% for a delay of three to six months, 15% for a delay of six to twelve months and 20% for a delay of more than a year. The surcharge itself cannot exceed €1,500 (excluding late-payment interest) [4]. It is paid by the landlord and does not concern the tenant.

The lodgement must include the contract with all its annexes, the cadastral reference and translations of the documents if the contract is in a foreign language. For housing contracts signed from 26 March 2026, a SERPAVI report is required. For temporary housing contracts from 1 January 2026, a document proving the purpose is required [2][7]. According to Incasòl, details of the cédula de habitabilidad and the energy performance certificate are also entered in the register when the deposit is lodged [4]. For room contracts signed from 14 July 2026, lodging the deposit and registration are mandatory [4].

If you are the tenant, your practical minimum is this: pay the deposit to the landlord under the contract, get a receipt and, within two months, ask for the control number or the registration number. Don’t hesitate to ask. Without them, you don’t know whether the deposit has been lodged. We explain how to look for a home and check the owner in our article on finding a flat in Barcelona.

How to check the deposit has been lodged

Incasòl offers the tenant two routes. The parties to the contract can request an information certificate on the deposit: the application is submitted in person by appointment, by post or by email, with the documents listed on the second page of the form attached [4]. There is also an online request for tenants, “Consulta sobre l'estat de la fiança”: it shows the status of the deposit in the register [4].

If the deposit has not been lodged, that is the landlord’s breach and it does not harm the tenant: you did your part when you paid. But to get the money back you will need proof that you paid it, that is, a receipt or a bank transfer, and a copy of the contract. Keep them until the end of the contract and afterwards.

How to get your deposit back when you move out: step by step

1. Notify the landlord in writing that you are leaving, within the notice period set in the contract. After six months the law allows you to terminate the contract with 30 days’ notice (article 11 LAU) [1].
2. Draw up a handover report together with the landlord: the condition of the flat, meter readings, photos. Hand over the keys against a signed receipt. The month after which interest accrues on the deposit starts running from the date the keys are handed over (article 36.4) [1].
3. The landlord submits a refund request to Incasòl using form Model 3. They attach a document confirming the end of the contract, signed by both parties, or a document confirming the return of possession, such as a receipt for the keys. If there is no such document, a statement by the landlord that the contract has ended is accepted [3].
4. If the conditions are met, Incasòl transfers the money to the landlord’s account within 21 working days (Saturdays, Sundays and public holidays do not count) [3]. A delay beyond this period earns interest. The exceptions: the request was filed late (more than 8 days after the end of the contract) or with incorrect documents [4].
5. The landlord returns the money to you. The landlord has one month from the handover of the keys, after which interest applies [1][4].
6. If the money has not been returned: a written demand with proof of receipt, then a request for the deposit’s status and a court claim against the landlord. Incasòl explicitly names the court route [4].

Note: the request is filed by the landlord or their representative; the tenant does not apply to Incasòl for the money [3][4].

What the landlord may deduct from the deposit

The deposit is a guarantee: Habitatge states that it covers damage and harm to the home and its contents and, if there are no breaches, must be returned when you move out [5]. The landlord may keep the money if you breached the contract, for example by not paying rent, not paying all the metered utility bills, or damaging the property [5]. What counts as damage and what as normal wear and tear comes down to each party’s evidence: the move-in report, photos, the inventory.

The law helps here. The landlord must carry out the repairs needed to keep the home fit for habitation without raising the rent, except where the damage was caused by the tenant (article 21.1 LAU) [1]. It follows that the natural ageing of the flat is not deducted from the deposit. We did not find an official list of what counts as wear and tear in the sources, so disputed cases are decided by the contract and the courts.

Additional guarantees and Avalloguer

On top of the deposit, the landlord may require an additional guarantee: a bank guarantee (aval), a deposit or a guarantor. In a housing contract of up to five years (up to seven if the landlord is a legal entity), its value cannot exceed two months’ rent (article 36.5 LAU) [1]. If you are asked to freeze three or six months’ rent in an account, that condition goes beyond the limit.

Avalloguer has nothing to do with your deposit. It is an Incasòl scheme that covers the landlord for unpaid rent for a limited number of months from the date an eviction claim for non-payment is filed, provided the conditions of the Avalloguer decree are met [4]. It does not matter to the tenant unless the landlord offers to sign up for it.

Special cases: rooms, change of owner, temporary lets

Room rentals and any other division of a home count as housing leases: the deposit is one month’s rent, and lodging it and registering it in the fianzas register are mandatory for contracts signed from 14 July 2026 [4][6]. A temporary contract for work or study also follows the housing rules on deposits, and the proof of purpose is submitted together with the deposit [6]. On your first weeks in the city before a long-term contract: temporary housing in Barcelona; on rooms: flat or room.

If the landlord has sold the flat, Incasòl requires documents on the new owner for the refund: an up-to-date nota simple or other documents on the transfer of ownership [3][4]. Who is liable to the tenant for returning the deposit after a sale depends on the terms of the contract and the transfer. Article 14 LAU puts the new owner in the landlord’s place, with their rights and obligations, during the first five years of the contract (seven for a landlord that is a legal entity), but the details have to be checked in each specific case [1].

Common tenant mistakes

• They pay the deposit to an intermediary or a third party with no contract and no receipt.
• They hand over more than one month’s deposit under a housing contract without separating out the additional guarantee, even though that is capped at two months [1].
• They don’t ask for the Incasòl control number or registration number and never find out whether the deposit has been lodged [2][4].
• They move out without a handover report or photos and then cannot challenge a deduction for “damage”.
• They leave the keys in the letterbox or with a neighbour without a receipt, and the one-month period does not start running [1].
• They think Incasòl will return the money to the tenant. It returns the deposit to the landlord [3][4].
• They don’t pay the last month’s rent “against the deposit”. Unpaid rent gives the landlord the right to terminate the contract (article 27 LAU), and the deposit does not replace rent here [1].

How we can help

The ReloVictory team in Barcelona can check the contract before you sign: the deposit amount, the clauses on additional guarantees, the refund procedure. When you move out, we can help prepare the handover report and a written demand to the landlord. The legal side is handled by the team’s lawyer. The outcome depends on the evidence and the landlord’s position, and we cannot guarantee it. Book: consultation. We cover the lease contract in general in our article on lease contracts in Catalonia, and if you have no nómina, in the article on renting without a nómina. Documents and appointments with public offices: documents service; the general procedure after moving: residence permit in Barcelona.

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.