Security Deposits for Commercial Properties in Aragon

Leasing commercial premises, offices, or industrial warehouses in Aragon requires strict adherence to both national urban leasing laws and regional administrative mandates. The most critical requirement is the mandatory deposit of the security funds with the regional government.

1. The Mandatory Two-Month Deposit

Under Article 36.1 of the Spanish Urban Leases Act (LAU), every commercial lease ("uso distinto del de vivienda") must include a security deposit.

• Fixed Amount: For commercial properties, the law mandates a deposit equal to exactly two months' rent. Unlike residential leases (which require one month), the commercial sector requires double the protection.
• Base Rent Calculation: The deposit must be calculated based on the net monthly rent, excluding VAT (IVA) and any other taxes or charges.

2. Mandatory Lodging with the DGA (WFIA System)

In Aragon, landlords are prohibited from holding the mandatory security deposit in their own accounts.

• The DGA Requirement: The funds must be surrendered to the Dirección General de Vivienda of the Government of Aragon.
• The WFIA Platform: The deposit process is managed digitally through the Web Fianzas Aragón (WFIA) system. Landlords must use an electronic certificate to register the lease and pay the deposit amount.
• Deadline: Landlords have one month from the date of the contract signature to complete the deposit. Late submission results in automatic surcharges and potential fines.

3. Additional Guarantees (Art. 4.3 LAU)

While the first two months of rent must be deposited with the DGA, commercial leases in Spain enjoy high levels of "freedom of contract."

• Supplementary Protection: Landlords and tenants can freely negotiate additional guarantees (such as bank guarantees, corporate bonds, or additional months of rent) to mitigate risks.
• Private Custody: These additional guarantees are not deposited with the DGA; they are held privately between the parties as per the terms of the lease agreement.

4. Return and Liquidated Damages

Upon the termination of the lease and the return of the keys:

• Return Period: The landlord has one month to return the deposit to the tenant. If this period is exceeded, the amount will begin to accrue legal interest.
• Deductions: The landlord may deduct amounts for unpaid rent, utility debts, or repairs for damages that exceed normal wear and tear, provided these are documented.

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