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.
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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.
Governed by the Spanish Urban Leases Act (LAU), effective 1 January 1995, and Basque Decree 211/2015, 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.
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 and Article 54 of Ley 3/2015 de Vivienda, the 2-month deposit must be lodged with Bizilagun (the Basque Housing Service) within one month of the contract formalization 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 deposit the fianza is a serious infraction (Art. 85.2.g of Ley 3/2015), with fines ranging from 3,001 to 20,000 euros (Art. 86.2). Late lodgment (beyond the one-month deadline) is a minor infraction (Art. 85.3.b) with fines up to 3,000 euros (Art. 86.1).
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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