Rental Guarantors in Spain: Aval Bancario, Fiador Personal and the LAU Article 36.5 Additional Guarantee (2026)

A Spanish landlord can ask for more security than the one-month cash deposit the law requires, but the additional guarantee must follow the rules set by Article 36.5 of Ley 29/1994 (the LAU). The two practical forms are the aval bancario, a bank guarantee the tenant pays for, and the fiador personal, a private individual who pledges their assets under Codigo Civil Article 1822. For residential leases up to five years (or seven if the landlord is a legal entity), the additional guarantee is capped at two monthly rents, a limit introduced by Real Decreto-ley 7/2019. This guide explains what each form does, how liability works, and how enforcement plays out when a tenant stops paying.

What does Article 36.5 of the LAU allow?

Article 36.5 of Ley 29/1994 (the LAU) lets the landlord and tenant agree any type of additional guarantee for the tenant’s obligations, on top of the statutory cash deposit (fianza) that Article 36.1 sets at one month for residential tenancies. The article covers guarantees of every kind: bank guarantees, personal sureties, additional cash deposits, insurance products, or any instrument the parties choose.

The second paragraph of Article 36.5, added by Article 1.14 of Real Decreto-ley 7/2019 of 1 March, imposes a ceiling: for residential leases of up to five years, or seven years if the landlord is a legal entity, the value of the additional guarantee cannot exceed two monthly rents. A landlord who demands a six-month bank guarantee on a residential lease that runs for three years would exceed this cap. There is no cap for leases longer than the five or seven year minimum term, nor for non-residential use (uso distinto de vivienda), where Article 4.3 of the LAU leaves the parties free to agree their own terms.

The statutory fianza is separate and mandatory. The additional guarantee does not replace it. The landlord holds the one-month deposit under the rules in our rental deposit guide and treats the additional guarantee as a backstop for shortfalls the deposit cannot cover. For the broader tenancy framework, see our Spanish tenancy law guide.

What is an aval bancario and how does it work?

An aval bancario is a bank guarantee: the tenant’s bank undertakes to pay the landlord if the tenant defaults on rent or causes damage beyond the deposit. The tenant pays the bank a commission, usually a percentage of the guaranteed amount per year, and the bank issues a guarantee document (aval) that the landlord holds for the duration of the tenancy.

The mechanics are straightforward. The bank assesses the tenant’s solvency, may require collateral (a frozen deposit, a pledged asset), and issues the aval for a set amount and term. If the tenant stops paying, the landlord presents evidence of the default to the bank, the bank pays the landlord under the guarantee terms, and the bank then recovers the sum from the tenant under its own contractual relationship. The landlord never needs to sue the tenant to trigger the bank’s obligation; the guarantee document sets the conditions for payment.

The advantage for a non-resident landlord is clear: the bank, not a private individual, stands behind the guarantee, and enforcement is a contractual claim against a regulated institution rather than a civil suit against a tenant who may have left Spain. The disadvantage for the tenant is cost: the commission can run from 1 to 3 percent of the guaranteed amount per year depending on the bank and the collateral, and the bank may freeze a sum equal to the guarantee as security. For tenants without Spanish credit history (recent arrivals, students, foreign workers), the aval bancario is often the route landlords prefer, because the bank’s credit assessment substitutes for the references a local tenant would provide.

What is a fiador personal and what liability does a personal guarantor carry?

A fiador personal is a private individual who guarantees the tenant’s obligations under Codigo Civil Article 1822, which defines the fianza as a contract by which one person undertakes to pay or fulfil the obligations of a third party if that third party does not. The guarantor is usually a parent, relative, or business partner of the tenant.

The key legal question is whether the guarantor is solidary or has the benefit of excusion. Codigo Civil Article 1830 states that a fiador cannot be compelled to pay the creditor without the creditor first exhausting all the debtor’s assets (the benefit of excusion). But Article 1832 allows the guarantor to renounce this benefit, and Spanish rental contracts almost always require the fiador to renounce. When the renunciation is in the contract, the guarantor becomes a solidary debtor: the landlord can pursue the guarantor directly for the full amount, without first suing the tenant or attempting to recover from the tenant’s assets.

The liability is personal and unlimited. The fiador pledges their entire patrimony, not a specific asset. If the tenant owes six months of unpaid rent, the landlord can seize the guarantor’s bank account, place an embargo on their property, or garnish their salary, just as they would against the tenant. The obligation can also pass to the guarantor’s heirs on death, because the fianza under the Codigo Civil is a personal obligation that does not automatically extinguish on the guarantor’s death unless the contract says so.

For a prospective guarantor, the practical risk is significant. A parent who signs as fiador for a child’s rental in Madrid, renouncing excusion, is exposing their home, their savings, and their income to a claim that could equal a full year of rent plus legal costs. The guarantor should read the contract, confirm whether the renunciation is present, and understand that the commitment lasts for the full tenancy term including any extensions.

How does the guarantee interact with the statutory fianza?

The statutory fianza under Article 36.1 is mandatory, separate, and returned at the end of the tenancy. The additional guarantee under Article 36.5 is voluntary, sits on top of the fianza, and is called on only when the fianza does not cover the shortfall.

Dimension	Statutory fianza (Art 36.1)	Additional guarantee (Art 36.5)
Mandatory	Yes, one month residential, two months non-residential	No, voluntary agreement between parties
Form	Cash deposit held by landlord (or regional agency)	Any form: bank aval, personal fiador, insurance, extra cash
Cap	Fixed at one or two monthly rents	Two monthly rents max for residential up to five or seven years
Return	Returned to tenant within one month of key handover (Art 36.4)	Returned or released per the guarantee terms when the tenancy ends
Enforcement	Landlord deducts for unpaid rent or damage, returns balance	Landlord calls on the bank or guarantor after the fianza is exhausted

The landlord does not apply the additional guarantee first. The fianza is the first line of security: the landlord deducts unpaid rent and damage from it, returns the balance, and then pursues the additional guarantee for whatever remains. In practice, if a tenant leaves owing three months of rent on a EUR 1,500 tenancy, the landlord keeps the EUR 1,500 fianza and claims the remaining EUR 3,000 from the bank aval or the fiador personal. For how the deposit itself is returned and disputed, see our rental deposit disputes guide.

How does the landlord enforce the guarantee when the tenant defaults?

For an aval bancario, enforcement is contractual. The landlord notifies the bank that the tenant has defaulted, provides the evidence the guarantee document requires (unpaid rent records, a court order, an eviction notice), and the bank pays. The bank then recovers from the tenant under its own agreement. The landlord does not need to wait for the eviction to finish if the guarantee terms allow immediate payment on default, though some guarantees require a court judgment before the bank will pay.

For a fiador personal who has renounced excusion, the landlord treats the guarantor as a solidary debtor. The landlord can file a civil claim against the guarantor for the unpaid rent and damages, or pursue the guarantor alongside the tenant in the express eviction process for unpaid rent. The express eviction process allows the landlord to claim rent due and seek eviction in a single proceeding, and a solidary guarantor can be named as a co-defendant. If the guarantor has assets in Spain, the landlord can seek an embargo (attachment) to secure the claim.

The practical difference matters. A bank aval pays quickly and predictably: the bank has the funds, the guarantee is a contract, and the landlord’s claim is against an institution that will not disappear. A fiador personal is slower: the landlord must sue, win, and enforce against assets that the guarantor may have moved or hidden. For a non-resident landlord renting out a Costa del Sol property, this distinction is why many prefer the aval bancario, even though the tenant pays the cost. The renting out property guide covers the wider compliance picture for absentee landlords.

Aval bancario, fiador personal or rent default insurance: which should a landlord choose?

A third option exists alongside the bank aval and the personal guarantor: rent default insurance (seguro de impago), which is a policy the landlord takes out that pays out on tenant default. Each instrument has a different cost structure, risk allocation, and enforcement profile.

Feature	Aval bancario	Fiador personal	Rent default insurance
Who pays	Tenant pays bank commission	Guarantor pledges assets, no upfront cost	Landlord pays insurance premium
Who backs the guarantee	A regulated bank	A private individual’s patrimony	An insurance company
Enforcement speed	Fast (contractual claim on bank)	Slow (civil suit against individual)	Medium (insurer pays after default verified)
Cap under Art 36.5	Two monthly rents for residential	Two monthly rents for residential	Two monthly rents for residential (if tenant pays the premium)
Risk to guarantor	None (bank absorbs)	Entire personal patrimony	None (insurer absorbs)
Best for	Tenants without Spanish credit history	Tenants with family in Spain who can pledge assets	Landlords who want to self-insure without a guarantor

The Article 36.5 cap applies to all three. If the tenant pays the insurance premium, the premium amount counts toward the two-month cap, as confirmed by the LAU consolidated text and subsequent commentary on the 2019 reform. If the landlord pays the premium, the cap does not apply to the insurance, because the guarantee is not coming from the tenant’s side.

For non-resident landlords, the decision often comes down to the aval bancario versus rent default insurance. The aval requires the tenant to have a banking relationship and pay a commission; the insurance lets the landlord self-insure without the tenant’s cooperation but costs a premium (typically 2 to 5 percent of annual rent). The rent default insurance guide explains that product in detail. For a comparison with mortgage guarantors (a different context), see our mortgage guarantor guide.

What should a prospective guarantor check before signing?

A person asked to act as fiador personal should confirm four things before signing the rental contract. First, check whether the contract requires renunciation of the benefit of excusion under Codigo Civil Article 1830: if it does, the guarantor is solidary and can be pursued directly. Second, check the duration of the tenancy and any extension clauses: the guarantor’s obligation lasts for the full term including tacit extensions under Article 10 of the LAU, not just the initial contract period. Third, check the cap: under Article 36.5, the additional guarantee for a residential lease up to five years (seven if the landlord is a legal entity) cannot exceed two monthly rents, so a guarantor asked to cover a year of rent on a five-year residential lease should question whether the demand is lawful. Fourth, check whether the contract sets a maximum liability: some contracts cap the guarantor’s exposure at a fixed sum, while others leave it open, which means the guarantor is exposed to the full accumulated debt at the point of default.

The guarantor should also understand that the obligation can survive the tenant’s departure. If the tenant abandons the property owing rent, the landlord can pursue the guarantor without first finding the tenant, because the renunciation of excusion removes the requirement to exhaust the tenant’s assets first. The rental termination guide explains how tenancies end and what obligations survive.

This guide is general information, not legal or tax advice. Rules change and individual circumstances differ. Verify current requirements with an independent lawyer (abogado) or tax advisor (gestor/asesor fiscal) before acting.