Soaring rental coasts mean many in Spain are increasingly looking to individual room rentals. But can a landlord demand you pay a deposit?
With rising rental costs in Spain, the housing crisis has forced many renters to forgo flats and rent rooms in a shared house instead.
This is increasingly common in Spain and has led to questions about deposits (fianzas in Spanish).
According to Spanish legislation, in general terms deposits for residential rentals in Spain are usually equal to one month’s rent, and for non-residential rentals (commercial premises and offices, for example) it is usually two months’ rent, but there’s less certainty about individual room rentals.
So, can a landlord request a deposit from you when renting a room in Spain?
LAU or civil code?
Spain’s Urban Lease Law (LAU) does not specify much about individual room rentals. Therefore, these are not generally covered by the LAU, but rather via private agreement between parties and the provisions of the Civil Code (Article 1554 to be specific) as they do not constitute “a complete and habitual dwelling,” according to property site Idealista.
However, this does not necessarily have to be the case. If the rental contract clearly states that the property will be used as a habitual residence, including access to common areas, duration, registration and deposit, it can in theory be covered by the LAU.
Be sure to check the small print of your contract before signing as it could impact on whether you end up paying a deposit.
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Do I have to pay a deposit for a room rental in Spain?
It depends. Whether the rental contract is regulated by the LAU or the civil code, a deposit may be requested by the landlord. That is to say: deposits on room rentals are not always mandatory but very common in Spain, especially with the growing competition for affordable rooms in Spain’s bigger cities.
As The Local has reported, renting a room is now almost 10 percent more expensive than a year ago, according to new data from Idealista. However, more shocking is that the price rise is 90 percent when compared to figures from 2015. Many landlords therefore now ask for deposits as standard procedure.
If the lease is covered under the LAU, according to Idealista paying a deposit will be obligatory. The maximum amount that can be requested (in the case of a primary residence) is one month’s rent, and the landlord must deposit the amount with the housing agency in their region.
READ ALSO: The rules and small print for a rental contract for a room in Spain
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If the room rental contract is regulated by the civil code and agreed between private parties, it is not mandatory to pay a deposit. In these cases, the amount is at the discretion of the landlord and tenant and must be established by mutual agreement before formalising the contract. The landlord does not have to deposit it with any official entity to safeguard the deposit if one is paid.
The tenant has the right to refuse to pay the deposit but in such a competitive market, most landlords will likely look for another tenant willing to pay. There is no law imposing this requirement on room rentals covered by the civil code but it has in effect become the norm.
It should be noted here that it’s very likely the landlord will request a deposit for a room rental, regardless of the specifics of the contract or binding legislation. Such high demand in the rental market at the moment, combined with growing concerns among landlords about non-payment and squatters, means that in 2025 it’s almost certain that a landlord will ask for a deposit, regardless of the contract.
So, although legally speaking there are cases in which it’s not mandatory, in practical terms, with landlords spoilt for choice nowadays the answer is likely yes, you do have to pay a deposit if you’re renting a room in Spain.
READ ALSO: Three quarters of rental ads in Barcelona are for rooms
