In leases of habitual residence the deposit will be of one month's rent. And in leases of use other than housing (premises, offices, seasonal contracts...) the deposit will be of two monthly payments of rent.
Anything above these amounts will not be part of the deposit, but will have to be included in the contract under another concept. Specifically, under the concept of "additional guarantee".
Ways to provide the tenant with additional security to guarantee the performance of the lease:
- In cash: the tenant, when handing over the keys to the landlord, delivers the amount (cash payment), who must declare in the lease or by means of a receipt that he has received this amount as an additional guarantee, to guarantee the fulfillment of the obligations assumed in the lease.
- By transfer: the Tenant delivers in the act of signing the lease to the landlord,
proof of the bank transfer. The landlord will declare to receive it, the amount of the agreed deposit in EUROS (€), as an additional guarantee, using it to guarantee the
fulfillment of the obligations assumed under the contract. - Request of bank guarantee: the Tenant delivers in the act of signing the lease contract a bank guarantee
for a maximum guaranteed amount of (value of the bank guarantee) at the first request
and as a guarantee of all the economic responsibilities assumed by the tenant
by virtue of the clauses of the contract. The guarantee is usually incorporated into the contract as an annexed document
. The Tenant(s) undertake to keep the aforementioned guarantee in force during
the entire term of the contract, unless otherwise agreed between the parties to the contract. - Non-payment of rent insurance. The policy will be renewed year after year until the end of the contract.
The parties may agree on any type of additional guarantee to ensure the lessee's compliance with its lease obligations in addition to the cash deposit.
However, in the case of housing leases, in contracts of up to five years, or up to seven years if the lessor is a legal entity (commercial company), the value of this additional guarantee may not exceed two months' rent.