Security Deposits in Aragon (DGA WFIA)

Effective 1 January 1995 under the Spanish Urban Leases Act (LAU) and further governed by the regional Ley 10/1992, handling the security deposit (fianza) in the Autonomous Community of Aragon (Zaragoza, Teruel, Huesca) involves both national legal limits and regional administrative obligations. Landlords who fail to register the deposit with the regional authority face significant financial penalties.

1. Mandatory Limits and Additional Guarantees

The Ley de Arrendamientos Urbanos (LAU) strictly defines the amounts a landlord can request:

• The Fianza (Mandatory): For residential housing (vivienda habitual), the cash deposit must be exactly one month's rent.
• Additional Guarantees (Optional): Under Art. 36.5 LAU, for residential leases of up to 5 or 7 years, any additional financial guarantee (cash, bank guarantee, etc.) is capped at two months' rent.
• Total Limit: In practice, a landlord cannot request more than three months of rent as total security (1 month fianza + 2 months additional guarantee).

2. The DGA Registration Requirement

Aragon is a "deposit-mandated" region. Landlords do not keep the fianza in their own bank account during the tenancy.

• The Deadline: You must deposit the 1-month fianza with the Government of Aragon (DGA) within two months of signing the lease (or the start of occupancy).
• WFIA Platform: All deposits must be managed through the Web Fianzas Aragón (WFIA) portal. This requires an electronic certificate or Cl@ve.
• Commercial Leases: For commercial properties, the mandatory fianza is 2 months, and this must also be deposited with the DGA.

3. Return Deadlines and Interest (Art. 36.4 LAU)

The return of the security deposit is triggered by the formal end of the lease and the handover of keys.

• Procedure: Once keys are returned, the landlord must apply for the fianza refund through the WFIA portal. The DGA typically returns the funds to the landlord's account.
• Deductions: Landlords can only deduct for documented damages, unpaid utilities, or rent arrears. Wear and tear is not a valid deduction.
• Jurisdiction: In the event of a dispute regarding the refund, the competent authorities are the Juzgados de Primera Instancia (Civil Courts) of the judicial district where the property is located.
• Additional Guarantees: These are returned directly by the landlord to the tenant, as they were never held by the DGA.

4. Penalties for Non-Compliance

Failure to deposit the fianza with the DGA is a serious administrative offense in Aragon.

• Fines: Surcharges of 5% to 20% on the deposit amount apply for late registration under Art. 15 of Ley 10/1992. If the DGA discovers the omission through an audit, fines can be significantly higher.
• Tenant Rights: If the fianza is not registered, the tenant may be unable to claim the rental tax deduction on their income tax (IRPF).

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