When renting a home it is important to be clear about the economic conditions under which it is done, but that is not just how much rent is paid or how much the landlord can raise it. Among them is also the deposit that tenants have to pay, and which is set by the urban rental law (LAU) at a monthly payment, but the regulations also allow the landlord to request more money as an additional guarantee.
Specifically, article 36 establishes that, in addition to the bond, the parties may agree to any type of additional guarantee. Of course, it must be taken into account that in habitual residence contracts and within the first 5 years (or 7 if the landlord is a company)this guarantee cannot exceed the equivalent of two monthly payments of rent.
In practice, this means that a tenant, in addition to the corresponding monthly payment, may have to pay up to three months at the beginning of the contract, which corresponds to one month of mandatory deposit plus up to two additional months as a guarantee, if required by the owner.
The additional guarantee is not mandatory, but the landlord may require it
Although the law does not require establishing this extra guarantee, it does allow the owner to include it in the contract if both parties agree to do so in the rental contract.
This implies that many landlords condition the rent on the tenant providing this additional guarantee, especially in areas with high demand or when they want to cover possible non-payments or damage to the home.
It is important to distinguish between both concepts. The deposit is mandatory and serves to cover possible damages or debts at the end of the contract. On the other hand, the additional warranty is extra protection for the owner.
In addition, the deposit must be deposited in the corresponding body of the autonomous community, except for exceptions such as in the case of Andalusia, which has recently eliminated this obligation. The additional guarantee, however, is freely agreed between the parties and is not subject to that same regime.