Security Deposits for Commercial Properties in Andalusia

Renting out premises for use other than housing (commercial spaces) requires a higher degree of financial diligence, given that the wear and tear and the risks associated with a business are generally greater. The security deposit (fianza) for commercial locales, offices, and industrial warehouses in Andalusia operates under the LAU, but free from the severe limitations on additional guarantees found in residential rentals.

Mandatory Deposit: Two Months

According to Article 36 of the national Spanish Urban Leases Act, an unavoidable requirement when signing a lease is the demand and provision of a cash security deposit.

For leases whose use is distinct from housing (retail shops, warehouses, offices, clinics), the mandatory, legal minimum for this fianza is the equivalent of TWO months' rent, compared to the single month required for primary residences.

Important: When calculating the mandatory fianza, you must not include the tax burden. The deposit should equal two months of the base rent, free of the 21% VAT (IVA) and any IRPF withholdings.

Additional Guarantees: No Legal Limits

Because commercial leases fall under Title III of the LAU—governed by the principle of "freedom of pacts" (libertad de pactos)—the landlord and the business owner are authorized to add any number of financial guarantees to the required two-month cash deposit.

Unlike residential contracts (which cap extra guarantees at two months' rent), an Andalusian corporate lease allows for uncontestable supplementary guarantees agreed upon by both parties. Common examples include:

• Six months' rent held in a blocked bank account.
• A first-demand bank aval (bank guarantee) for an entire year's rent.
• Corporate guarantees from parent companies holding the landlord harmless against unexpected business bankruptcies or early abandonment.

Goodbye to the Regional AVRA Deposit

The most sweeping structural change for commercial property owners in the Autonomous Community of Andalusia took effect in January 2026 with the application of the Housing Law 5/2025.

Just like residential leases, commercial leases are now exempt from the bureaucratic obligation to deposit the fianza funds with AVRA (Agencia de Vivienda y Rehabilitación de Andalucía). Landlords no longer have to navigate complex regional tax forms (Modelo 806) to lodge the money. While collecting the two-month deposit from the tenant remains a strict legal requirement, the cash now stays safely in the property owner's own bank accounts for the duration of the commercial contract, without the threat of regional management surcharges or fines.

Updating the Deposit Amount

For commercial contracts that last longer than five years (or seven years if the landlord is a legal entity), it is legally required to update the fianza:

• The landlord can explicitly demand that the tenant adjust the deposited cash amount so that it accurately reflects the current equivalent of two months' rent (taking into account years of CPI/rent increases).
• Conversely, if the rent has dropped, the tenant can request a partial refund to match the new lowered base rate.

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