The deposit is the most common point of conflict in monthly rentals, and most of the time the conflict is unnecessary. The rules are clear once you know them. Here they are, as of 2026, for tenants and owners.
How much deposit is normal?
For a seasonal rental (arrendamiento de temporada), Spanish rental law sets the legal deposit at two months of rent. That is more than for long-term leases, where one month applies, and the reason is simple: the home is furnished, and the inventory is covered too.
Anything beyond that is negotiation. The common, fair setup is two months of deposit and no further guarantees. Owners who demand four or five months drive good tenants away.
When does the deposit come back?
After you hand the home back, the owner has one month to return the deposit. After that, the tenant can claim statutory interest. The only legitimate deductions are real damage beyond normal wear and tear, plus open amounts from the contract, such as unpaid utilities.
The decisive tool is the handover protocol: the condition of every room, photos, meter readings, the inventory list, at move-in and at move-out. With a protocol, the refund is a formality. Without one, it is word against word.
Your rights as a temporary tenant
Even without long-term protection rights, a seasonal tenant is far from unprotected:
- Habitability. The home has to work: water, electricity, working appliances, and a usable heating solution in winter. Structural upkeep remains the owner's job.
- The contract binds both sides. The owner cannot put you out before the end date as long as you pay and stick to the contract.
- Privacy. For the duration of the contract, the home is yours. Owner visits happen by arrangement only.
- Utilities as agreed. Flat rate, metered billing or a cap: what was agreed applies. Ask for receipts if you pay by consumption.
The duties that go with it
Fair works both ways: you pay on time, report damage immediately, treat the furniture and the home with care, and hand back on the end date. A seasonal rental does not extend itself, and quietly staying past the end date is not a negotiation tactic, it is a breach of contract.
How to spot a fair landlord
- The deposit is stated in the contract and receipted
- A handover protocol with photos is standard, not a favour
- The utilities rule is written clearly, no surprise clauses
- The refund deadline is in the contract
At MUVAWAY these points are part of the standard: we record every home ourselves, the contract regulates deposit and handover explicitly, and payment runs directly between tenant and owner. That keeps the deposit what it should be: a security, not a lever.
This article is general guidance and does not replace legal advice for your specific case.