Residential Security Deposits (Fianza) in the Basque Country
Legal requirements, lodgment deadlines with Bizilagun, and return procedures for residential security deposits 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.
In the Basque Country (Euskadi), the management of security deposits (fianzas) is strictly regulated by both national law, governed by the Spanish Urban Leases Act (LAU) effective since 1 January 1995, and regional Basque legislation. Landlords are legally prohibited from holding the cash deposit in their personal bank accounts during the tenancy.
1. Legal Limits and Additional Guarantees
Under Article 36 of the Urban Leases Act (LAU), the amount of the security deposit is strictly capped for residential leases:
- Mandatory Fianza: For a habitual residence (vivienda habitual), the landlord must collect exactly one month's rent as a cash deposit.
- Additional Guarantees: Landlords may request additional financial guarantees (e.g., a bank guarantee or an additional deposit), but for leases of up to 5 years (or 7 if the landlord is a company), these additional guarantees cannot exceed two months' rent.
- Commercial Leases: For "use other than housing" (commercial), the mandatory deposit is two months' rent.
2. Mandatory Lodgment with Bizilagun
In the Basque Country, it is a serious administrative infraction for a landlord to retain the security deposit.
- The Agency: All deposits must be lodged with Bizilagun (the Basque Housing Service).
- Deadline: The landlord has one month from the date the contract is signed to deposit the money.
- Sanctions: Failure to lodge the deposit can result in heavy fines from the Basque Government, ranging from €300 to €3,000, plus surcharges and late payment interest.
- Tenant Rights: The tenant has the right to request proof (the deposit certificate) from the landlord at any time.
3. Returning the Deposit and Deadlines
At the end of the tenancy, after the keys have been returned and the property inspected:
- Bizilagun Refund: The landlord must apply to Bizilagun for the return of the funds (typically online).
- Payment to Tenant: The landlord must return the deposit to the tenant within one month of the delivery of the keys.
- Interest for Delay: If the landlord takes longer than one month to return the funds, the amount will accrue the Legal Interest Rate (Interés Legal del Dinero) in favor of the tenant.
- Deductions: Any deductions for damages (beyond normal wear and tear) must be justified with invoices or professional estimates.
Back to Basque Country Residential Overview.
Sources & Official References
Frequently Asked Questions
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