There are two different things people mean when they talk about “paying the rental deposit”: the tenant paying the fianza, and the landlord lodging that money with the regional administration.
Andalucía removed the administrative lodging requirement for rental contracts concluded on or after 24 January 2026. The earlier requirement remains relevant to contracts dated up to 23 January 2026. This change does not abolish the tenant’s statutory fianza under the LAU.
For an ordinary housing tenancy, Article 36 of the LAU sets the fianza at one month’s rent. Keep this separate from any additional guarantee and from advance rent when reviewing your payment schedule.
Before paying, ask for
- A receipt identifying the property, amount and payment purpose.
- Written confirmation of who holds the money and handles its return.
- A signed inventory and dated photographs of existing damage.
- A clear record of keys and meter readings at handover.
At the end of the tenancy, document the property’s condition and key return in writing. If money is retained, ask for an itemised explanation and supporting evidence.
This regional change matters particularly if you have been reading older guides saying every new Andalucía deposit must be lodged with AVRA. For a property elsewhere in Spain, check that region’s rules separately.
Do new rental deposits still have to be lodged with the Junta de Andalucía?
For contracts concluded from 24 January 2026, Andalucía no longer requires administrative lodging of the fianza. Earlier contracts remain subject to the previous requirement. Tenants still owe the statutory fianza under the LAU; keep a receipt and written terms covering who holds it and its return.
Sources and further reading
Sources checked 8 October 2026. Regional lodging change. LAU Article 36 governs the statutory fianza:
General information for renters. The rules and documents that apply depend on the tenancy, location and contract date. Seek independent advice about a specific agreement or dispute.