Murcia Security Deposit Laws & Penalties

In Murcia, security deposits (fianzas) are governed by national and regional statutes. Under Article 36 of the Spanish Urban Leases Act (LAU), which took effect on 1 January 1995, a landlord must require a security deposit equivalent to one month's rent for residential leases.

Depository Requirements

While the LAU mandates the collection of the fianza, the administrative requirement to deposit these funds with the regional government has changed. Since the entry into force of Decreto-Ley 1/2021, de 6 de mayo, the obligation to deposit the security bond with the Comunidad Autónoma de la Región de Murcia (CARM) has been abolished. Landlords are now responsible for holding and safeguarding the deposit for the duration of the tenancy.

Additional Guarantees

In addition to the mandatory one-month fianza, landlords can request an "additional guarantee" (garantía adicional). Under Article 36.5 of the LAU, for residential leases with a duration of up to five years (or seven if the landlord is a legal entity), this additional guarantee is capped at a maximum of two months' rent.

Return Deadlines

The deposit must be returned within one month after the keys are handed back (Art. 36.4 LAU). If the landlord fails to return the balance within this timeframe, 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 (not caused by time or ordinary use)

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