Security Deposits for Rentals in Asturias

Since the implementation of the Spanish Urban Leases Act (LAU) on 1 January 1995, the Principality of Asturias has maintained a unique administrative stance regarding the handling of the legally required security deposit (fianza). Unlike many of its neighbors, Asturias currently operates a deregulated model for the custody of these funds.

1. The Mandatory Base Amount (National LAU Requirement)

As dictated by Article 36 of the Ley de Arrendamientos Urbanos (Law 29/1994), the base amount for security deposits is non-negotiable across Spain, including Asturias:

• It is mandatory to collect the equivalent of one (1) month of rent for any primary residence (vivienda habitual).
• For commercial leases or uses other than housing, the mandatory amount is two (2) months.
• Through mutual agreement, parties may establish "additional guarantees" (such as bank guarantees), but for residential leases with a duration of up to five years (or seven years if the landlord is a legal entity), any additional guarantee provided by the tenant cannot exceed the value of two (2) months' rent (Art. 36.5 LAU).

2. The Private Retention Regime in Asturias

A critical distinction for Asturian landlords is the current absence of a mandatory regional deposit registry. While most Spanish Autonomous Communities require landlords to "hand over" the deposit to a public body, Asturias simplified its bureaucracy in 2010.

The Current Legal Standard:

• Decreto 48/2010, of 10 June: This decree suppressed the previous obligation to deposit the fianza with the regional administration (Vivienda del Principado de Asturias).
• Custody: Landlords are legally responsible for the safe custody of the funds throughout the tenancy. It is recommended to hold these in a separate account to ensure immediate availability upon lease termination.
• Future Outlook: Although the proposed "Housing Law for the Principality of Asturias" aims to reintroduce a mandatory public registry and deposit system, this remains in the legislative drafting phase and is not yet enforceable.

3. Return Requirements and Interest

Upon the termination of the lease and the physical handover of keys, the landlord is bound by the national timeframe specified in Art. 36.4 of the LAU:

• The deposit must be returned within one month following the delivery of keys (entrega de las llaves).
• If the refund is not made within this one-month period, the amount will begin to accrue legal interest (interés legal) in favor of the tenant.
• Justified Deductions: Deductions are only permitted for documented damages (beyond normal wear and tear), unpaid rent, or utility debts. Any deduction must be communicated in writing with supporting invoices or evidence.

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