Last checked against the sources: 12 November 2026.

In short: on a residential rental, the deposit (fianza) is one month’s rent. In the Comunitat Valenciana the landlord must lodge it with the Generalitat (the regional government) within a maximum of one month of signing, and it stays there until the contract ends. As a tenant, you can ask the Generalitat for information about the deposit.

This article is for information only and does not replace the advice of a lawyer or gestor (a professional who handles administrative paperwork).

How much it is

Item Housing Other uses (commercial premises, standalone garages)
Statutory deposit (fianza, in cash) 1 month’s rent 2 months’ rent
Maximum additional guarantee 2 months in contracts of up to 5 years (7 if the landlord is a company); 1 for temporary housing Unrestricted

The deposit is not updated during the first 5 years (7 if the landlord is a company), but it can be updated on extensions (art. 36.2 LAU, the Ley de Arrendamientos Urbanos, Spain’s urban tenancies act). Nor can it be used to pay the last months’ rent: the Generalitat states this expressly.

Where it goes: the deposit with the Generalitat

According to the Conselleria de Hacienda (the regional finance department):

  • Anyone who rents out a property in the Comunitat Valenciana is obliged to lodge the deposit with the Generalitat Valenciana, where it stays until the contract ends.
  • The deadline is one month from signing the contract.
  • If the landlord is late, a surcharge applies: 5% if the delay is no more than 3 months, 10% between 3 and 6, 15% between 6 and 12, and 20% from 12 onwards.
  • The additional guarantee can be lodged together with the deposit, but this is not compulsory.

The landlord handles the procedure. You comply by handing over the deposit. You do not have to file any form.

How to check it was lodged

The Generalitat’s deposit register is not public. Only the parties to the contract can consult it:

  1. Write to the address the Generalitat gives on its frequently asked questions page (fianarren@gva.es on the date of checking).
  2. Attach a copy of your ID and of the contract.
  3. Ask whether your deposit is on record.

If it was not lodged, the Generalitat says the tenant can file a written complaint, with a copy of the contract, at an official registry, addressed to the Secretaría Territorial de València.

A practical tip (not a legal one): once the month has passed, politely ask the landlord for proof of the deposit. It is a normal request and a good sign that the tenancy is run in an orderly way.

How to get it back at the end

  • Draw up a condition document. The law provides that, when the contract ends, both parties sign a document on the state of the home. If it is not signed, or does not record any damage, it is presumed that you handed the home back in good condition (art. 36.7 LAU).
  • Ask for the refund in writing when you hand over the keys, giving your account number.
  • Interest: if it is not returned within the month after the keys are handed over, the balance earns legal interest (art. 36.4 LAU).
  • Deductions: the landlord may deduct real damage (not normal wear and tear) or debts, ideally backed by invoices.

Frequently asked questions

Can the deposit be two months? For housing, the statutory deposit is one month. What can be added is an additional guarantee, within the limits in the table.

Does the deposit of a temporary let have to be lodged? The Generalitat does not detail temporary contracts on its frequently asked questions page. A Generalitat reply quoted by a rental manager says that lodging is compulsory for lets of 11 days or more. Confirm it for your case.

What happens if the owner changes because the flat is sold? The Generalitat says the new owner does not have to do anything immediately. To recover the deposit, they will have to show that they are the owner.

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Sources

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