Commercial Security Deposits in the Basque Country
Mandatory two-month deposit requirements, additional bank guarantees, and the legal obligation to lodge funds with Bizilagun for commercial leases in Euskadi.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Managing security deposits for commercial premises (locales), offices, or warehouses in the Basque Country involves both national statutory requirements and specific regional administrative obligations. Failing to lodge the deposit correctly can result in significant financial penalties.
Commercial Deposit Process in basque country
Collect 2-Month Deposit
Collect exactly two months of rent in cash/transfer as the legal fianza.
Negotiate Extra Security
Agree on additional bank guarantees or cash deposits (avales) as needed.
Lodge with Bizilagun
Deposit the 2-month legal fianza with the Basque Housing Service within 30 days.
Annual Update
During the first 5 years, the fianza is not updated; thereafter, it can be adjusted to match the current rent.
1. The Mandatory 2-Month Legal Fianza
Unlike residential leases (which require 1 month), Article 36.1 of the Ley de Arrendamientos Urbanos (LAU) is very specific about commercial properties:
- Fixed Amount: The landlord is legally required to demand and the tenant to provide exactly two months' rent as a security deposit.
- Non-Negotiable: Parties cannot agree to waive this deposit or reduce it to one month. Doing so makes the contract non-compliant with tax and housing regulations.
- Purpose: This "legal fianza" is strictly for covering potential damage or breaches of the lease terms.
2. Mandatory Lodgment with Bizilagun
In the Basque Country, the landlord acts as a mere intermediary for the legal deposit.
- Lodgment Obligation: Under Basque Decree 211/2015, the 2-month deposit must be lodged with Bizilagun (the Basque Housing Service) within one month of the lease start date.
- Proof of Deposit: The landlord must provide the tenant with a copy of the deposit certificate. This document is often required by the tenant to obtain an activity license or to deduct the rent as a business expense.
- Penalties: Failure to lodge the deposit can lead to fines ranging from 700 to 3,000 euros, plus surcharges and interest on the unpaid amount.
3. Additional Guarantees (Avales and Deposits)
Because 2 months is often insufficient to cover the risks of a commercial tenant (especially for expensive fit-outs), landlords typically request extra security:
- Bank Guarantee (Aval Bancario): A common requirement is a bank guarantee covering 6 to 12 months of rent, executable "on first demand."
- Additional Cash Deposit: Parties can agree on an "additional deposit" (depósito adicional). This extra money does NOT need to be lodged with Bizilagun and can be held by the landlord.
- No Statutory Cap: Unlike residential leases, there is no legal limit to how much additional security a commercial landlord can request.
Back to Basque Country Commercial Overview.
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