La Rioja Security Deposit Laws & Penalties

In La Rioja, security deposits (fianzas) are strictly regulated under the Spanish Urban Leases Act (Ley 29/1994), which entered into force on 1 January 1995, and regional housing regulations. Under Article 36 of the LAU, a landlord must require a security deposit equivalent to one month's rent for residential leases.

Depository Requirements

There is no legal obligation for landlords in La Rioja to deposit the fianza with the regional government (Gobierno de La Rioja). The landlord retains the deposit during the tenancy. This requirement was suppressed by the Disposición derogatoria única of Ley 7/2014, de 23 de diciembre, de Medidas Fiscales y Administrativas para el año 2015. Consequently, there is no statutory registration deadline or penalty for non-lodgment with the regional authority.

In addition to the mandatory fianza, landlords can request an "additional guarantee" (garantía adicional). Under Article 36.5 of the LAU, for residential leases of up to five years (or seven years if the landlord is a legal entity), this additional guarantee is capped at a maximum of two months' rent. For non-residential (commercial) leases, additional guarantees are subject to freedom of contract and are not restricted by this two-month statutory cap.

Return Deadlines

The deposit must be returned within one month after the keys are handed back. Under Article 36.4 of the LAU, if the deposit is not returned within this period, the tenant is entitled to claim the legal interest rate on the unreturned amount. Deductions can only be made for:

• Unpaid rent or utilities
• Damage beyond normal wear and tear

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