Fianza in Catalonia: how much to pay back

What's fianza in Catalonia?

The amount of the mortgage determines the rent. LAU refers to two rates: one month of rent for housing and two months for rent for other purposes, i.e. premises, temporary rental for rest and so on (art. 36.1). [1]. Incasòl specifies which contracts are considered housing [4].

The line about a legal person is important if the firm rents the company for the employee: the mortgage is double then. The example of Incas \l for a short rest contract: three months of 600 I give 1,800 I over the period; divide by 12 and multiply by two: bail 300 I [4].

In the first five years of the contract, the pledge is not indexed and in each extension the lessor may request the difference or the lessee to reduce the bond to one month of the current rent (art. 36.2). If the contract is longer than five years, the rules of renewal shall determine the parties and, in the absence of a separate paragraph, the agreement to index the rent is in force (art. 36.3) [1].

Who and when deposites the deposit in Incas\l

The lessor, not the lessee, will deposit the bond. [2]The money goes to Incas\l (Institut Català del Søl) in Model 2, the system assigns the control number (NC) and then the record gets the register number fianzas [2][4]The landlord ’s representative may also make a deposit but it is up to him to identify electronically. [2].

If the lessor is late, the deposit supplement is 5% with a delay of up to three months, 10% with a delay of between three and six, 15% with a delay of between six and twelve months and 20% with a delay of more than a year. [4]She pays her landlord, she doesn't have to do with the tenant.

The contract with all annexes, cadastral references, translations of documents if the contract is in a foreign language, and the housing contracts concluded since 26 March 2026 require a report from CERPAVI. For temporary housing contracts, as of 1 January 2026, a document confirming the purpose of the contract is required. [2][7]For Incas , cédula de habitatidad and energy efficiency certificate are also entered in the register when a pledge is made [4]Bail and registration are mandatory for the agreements on rooms concluded since 14 July 2026. [4].

If you're a tenant, your practical minimum is to pay the mortgage to the landlord by contract, get a receipt and within two months ask for a control number or a record number. on the search for a dwelling in Barcelona.

How to Check That the Bond Is Made

Incas Ál offers the lessee two ways. Parties to the treaty may request an information certificate of bail: the application is submitted in person by record, mail or e-mail, and the documents listed on the second page of the form are attached to the application form. [4]There is also an online request for the tenant, Consulta sobre l'estat de la fiança: it shows the state of the bond in the registry [4].

If you don't make a deposit, it's a violation of the lessor, and it's not a problem for the tenant, because you did your part when you paid it, but you're gonna need proof that you made the deposit, that is, a receipt or a bank transfer, and a copy of the contract, and keep it until the end of the contract and after.

How to return bail when leaving: order of steps

1. Inform the lessor of the departure in writing within the time limit specified in the contract, after six months, the law allows for the termination of the 30-day notice contract (article 11 LAU) [1].
2. The note of delivery, the dwelling, the meter, the photo, and the keys, will be issued with the lessor. [1].
3. The lessor applies to Incas Ál for return in Model 3. He attaches to it a contract termination document signed by both parties or a return of possession document, such as a key transfer receipt. If no such document exists, the lessor ’s application for termination is allowed. [3].
4. Incas Ál transfers money to the lessor ’s bank account within 21 days when the conditions are met [3]If Incas \l delays the transfer longer than 21 working days, interest is accrued, but not when the application is late (more than 8 days after the contract is terminated) or documents are not submitted correctly [4].
5. The lessor gives you the money back. [1][4].
6. If the money has not been returned: a written claim confirming receipt, then a request for bail status and a lawsuit against the lessor. [4].

Note: The lessor or his representative applies, the tenant at Incas il does not apply for money [3][4].

What the lessor has the right to hold from the pledge

The mortgage is a guarantee: Habitatge writes that he is responsible for damage and damage to the dwelling and its contents and, in the absence of any violation, must be returned on departure [5]. The landlord can withhold money if you have breached the terms of the contract, such as not paying rent or not paying all bills on meters, or damaged property. [5]The determination of what constitutes damage and what is normal wear and tear falls on the parties ’ evidence: entry, photo, inventory.

The law helps in this respect: The lessor is obliged to make repairs necessary to maintain the dwelling suitable for living without increasing rent, except in cases where the damage has been caused by the lessee (art. 21.1 LAU) [1]It follows that the natural ageing of the apartment is not written off, and that the official list, which is considered to be worn out, is not found in the sources, so the disputes are settled by contract and court.

Additional safeguards and avalloguer

In addition to the security, the lessor may request an additional guarantee: a bank avalanche, deposit or guarantor; in the housing contract, up to five years (up to seven years if the landlord) the value of the dwelling may not exceed two months of rent (article 36.5 LAU) [1]If you are asked to freeze three or six months of rent, that condition goes beyond that.

This is the Incas \l system, which covers the lessor with a limited number of months from the time of the non-payment of an eviction claim, subject to the terms of the Avalloguer Decree. [4]It is irrelevant to the lessee if the lessor does not propose to participate.

Special cases: rooms, change of owner, temporary lease

Rental of rooms and any other fragmentation of dwellings is considered rental of housing: one month of rent, entry and entry into the fianzas register are binding on contracts concluded since 14 July 2026. [4][6]. A temporary contract for work or study is also subject to the rules of housing on pledge, and the proof of purpose is submitted along with the pledge. [6]The first weeks in town are a long deal: Temporary housing in Barcelona; room: apartment or room.

If the lessor sold the apartment, Incas Ál requires the new owner's documents: relevant notea simple or other transfer documents [3][4]Article 14 of the LAU provides the new owner with the rights and obligations of the lessor during the first five years of the contract (seven for the legal lessor), but the nuances must be verified in the specific case of the leaselor. [1].

Typical renter errors

• The bond is paid to the intermediary or third party without a contract or receipt.
• They give over a month of collateral under the housing contract without separating the additional guarantee, although it is limited to two months. [1].
• Do not ask for a control number or an Incas\l entry number or find out if bail has been paid. [2][4].
• They leave without a surrender certificate and no photos, and then they can't challenge the "damage" hold.
• Leave the keys in the mailbox or the neighbor without a receipt, and the one month deadline doesn't start to go. [1].
• They think that Incas assul will return the money to the tenant. [3][4].
• The non-payment of rent gives the lessor the right to terminate the contract (article 27 LAU) and the deposit does not replace the rent in this sense. [1].

What can we help you with?

The NEXO team in Barcelona can check the contract before signing: the amount of bail, the points of additional guarantee, the procedure for return. When we leave, we can help prepare the deposit and the written request to the lessor. The legal part is led by the team's lawyer. The result depends on the evidence and position of the lessor, and we are not responsible for it. ConsultationWe have described the general review of the treaty in the article on the Catalonia leaseAnd if you don't have nómina, In the article on rent without nóminaI. Documents and records of the agencies: Document services; general order after move: Residence permit in Barcelona.

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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.