Starting this month, the security deposit is eliminated.
This change, established in the sixth additional provision of the new regional law, modifies the procedure that previously required tenants to deposit the security deposit with the Andalusian Housing and Rehabilitation Agency (AVRA) using the well-known Model 806.
Now, the landlord will retain the security deposit for urban property rental contracts, eliminating the need to manage the deposit with a public entity. This change provides significant administrative relief, especially for contracts with high tenant turnover.
¿Qué dice la Ley de Arrendamientos Urbanos sobre la fianza del alquiler?
Despite this change at the regional level, the obligation to require the security deposit remains intact. This obligation derives from Article 36 of the Urban Leasing Law (LAU), which is a state law and, therefore, is not affected by the Andalusian law. According to this law, the tenant must continue to provide one month’s rent for leases of habitual residences and two months’ rent for contracts for other uses, without prejudice to any additional guarantees that may be agreed upon by the parties.
What does this change mean for tenants and landlords?
For tenants, the main difference is the elimination of the administrative procedure of depositing the security deposit with the AVRA, which simplifies the process, although the obligation to deliver the deposit at the beginning of the contract remains intact.
For landlords, the change reduces the administrative burden, as they will be able to manage the deposit directly without the need to go through the public administration. This relief is particularly beneficial for landlords with high-turnover rental contracts, where the previous process was bureaucratic and slow.
In summary, at Salsa Patrimonio, we believe that the end of the requirement to deposit the security deposit with the AVRA simplifies the process for both parties, but the obligation to require the deposit and the corresponding amount depending on the type of contract remains valid, as established by the Urban Leasing Law.
