Real estate lease bonds are a key element in any rental agreement. They are a financial guarantee that helps protect the landlord against possible damages, unpaid rent, or other breaches, and also provides clarity from the start of the contractual relationship.
In Andalusia, moreover, 2026 brings an important change. With the entry into force of Law 5/2025 on Housing in Andalusia as of January 24, 2026, it is no longer mandatory to deposit the bond with the Andalusian regional government for new contracts. From that date onward, the landlord is responsible for holding it directly for the duration of the lease.
In this article, we explain how the bond works now, what happens with earlier contracts, and what landlords and tenants in Andalusia and on the Costa del Sol should keep in mind.
What are real estate lease bonds?
The bond in a real estate lease agreement is an amount of money that the tenant gives to the landlord at the start of the tenancy as a guarantee of compliance with their obligations.
In standard residential lease agreements, this bond is mandatory and is regulated by the Urban Leases Act. Its main purpose is to cover possible damage to the property, outstanding debts, or contractual breaches at the end of the tenancy.
In the case of residential rentals, the law generally establishes a legal bond equivalent to one month’s rent. It is important not to confuse this mandatory bond with other additional guarantees that may be agreed in the contract, since they do not serve exactly the same purpose and do not have the same legal treatment.
How did the deposit of rental bonds with the Andalusian regional government work?
Before the new Andalusian regulations came into force, the landlord or the real estate agency had to deposit the bond with the Andalusian regional government through the administrative procedure established for that purpose.
Under this system, the regional administration acted as the depositary entity for the bond during the term of the contract, centralizing its registration and its subsequent return when appropriate.
Deposit of rental bonds with the Andalusian regional government
Until this legal change, the deposit was made through the official procedure of the Andalusian regional government, traditionally linked to the administrative form for depositing bonds. In addition, this process had to be completed within a specific period from the signing of the contract.
Purpose of the deposit system
The purpose of this system was for the bonds to be registered and held by the public administration. In this way, it sought to provide greater formal oversight of rentals and facilitate the management of the refund when the contract ended properly.
Management of rental bonds by real estate agencies
In practice, many real estate agencies handled this procedure on behalf of the landlord. Although it was a common task within rental management services, it also represented an additional administrative burden for both private individuals and professionals in the sector.
What changes with the new Andalusian Housing Law 2026?
The major new development comes with Law 5/2025 on Housing in Andalusia, which entered into force on January 24, 2026. From that date, it is no longer mandatory to deposit new rental bonds with the Andalusian regional government.
This represents a significant change in rental management, especially for landlords and real estate agencies, since an administrative procedure that had been part of the usual process for years has now been eliminated.
The landlord holds the bond directly.
Under the new regulations, the landlord now directly holds the bond throughout the term of the contract. In other words, the legal obligation to require the bond remains in force, but the custody system has changed.
From now on, in new rental agreements, it is no longer necessary to pay that amount into the regional administration.
Elimination of the mandatory deposit with the Andalusian regional government
The Andalusian regional government no longer acts as the depositary entity for new rental bonds. As a result, the obligation to submit the payment through the administrative form previously used for this purpose also disappears.
This change does not eliminate the legal obligation of the bond, but only the duty to deposit it with the regional administration for contracts signed from the law’s entry into force onward.
Administrative simplification for landlords and agencies
From a practical point of view, this amendment represents a clear administrative simplification. Landlords and agencies no longer have to deposit new bonds with the Andalusian regional government, which reduces procedures, paperwork, and processing times.
In dynamic markets such as Estepona and the Costa del Sol, where speed in management can be especially important, this change helps simplify the process without altering the basic legal safeguards of the contract.
What happens to rental bonds from before 2026?
Contracts signed before January 24, 2026 remain subject to the previous system. This means that bonds already deposited with the Andalusian regional government will continue to be managed under the former system until the time comes for their refund.
In other words, the new law does not retroactively change the management of bonds that have already been deposited. Those amounts will continue through their usual procedure until the end of the contract and the corresponding refund request is made by the appropriate party.
Additional guarantees in residential lease agreements
In addition to the mandatory legal bond, some agreements include additional guarantees to strengthen the landlord’s protection. However, in standard residential leases, these guarantees are subject to legal limits.
Mandatory legal bond
In standard residential lease agreements, the law requires a bond equivalent to one month’s rent. This obligation remains fully in force, including after the Andalusian regulatory change.
Permitted additional guarantees
Together with the legal bond, the contract may include additional guarantees. However, in standard residential lease agreements, national regulations establish that these guarantees may not exceed two additional months’ rent.
Therefore, in this type of lease, the general rule is clear: one month’s legal bond plus a maximum of two additional months as a complementary guarantee, if agreed.
Importance of drafting the rental agreement correctly
In this context, drafting the lease agreement properly is essential. It should clearly specify the amount corresponding to the bond, whether there are any additional guarantees, in which cases they may be applied, and how their return will be handled at the end of the tenancy.
Having professional advice helps prevent disputes and provides security for both the landlord and the tenant.
Why use a real estate agency in Estepona to manage the rental?
Properly managing real estate involves much more than finding a tenant. It also requires understanding current regulations, drafting a suitable contract, documenting the property’s condition, and acting with confidence regarding security deposits and guarantees.
In this context, working with a real estate agency specialized in Estepona can make a significant difference.
Up-to-date legal and regulatory advice
A professional real estate agency stays up to date with legislative changes affecting rentals. This is especially important at times like the present, when Andalusia has changed the bond deposit system.
Having up-to-date advice helps avoid mistakes and ensures that the regulations in force are applied correctly in each contract.
Secure management of the lease agreement
A real estate agency can also take care of preparing well-drafted agreements, clearly explaining each party’s obligations, and managing the bond in an orderly and transparent manner.
This provides peace of mind for the landlord and also improves the tenant’s experience by reducing misunderstandings and reinforcing the legal certainty of the transaction.
Greater security in property management
Delegating rental management to professionals helps minimize legal risks, streamline processes, and better protect the profitability of the property.
In areas such as Estepona and the Costa del Sol, where the real estate market increasingly demands professionalization, working with a specialized agency is an effective way to manage the tenancy with greater confidence.
Frequently asked questions about real estate lease bonds
1. Is it mandatory to deposit the bond with the Andalusian regional government?
No, for new contracts signed from January 24, 2026, it is no longer mandatory to deposit the bond with the Andalusian regional government.
2. What happens to bonds deposited before 2026?
Bonds deposited earlier continue to be managed under the previous system until they are returned.
3. How many months’ bond can be required in a rental agreement?
In standard residential leases, the law requires one month’s mandatory bond and allows up to two additional months’ rent as an extra guarantee.
4. Who returns the bond at the end of the contract?
In current contracts signed after the entry into force of the new Andalusian regulations, the bond must be returned by the landlord once the condition of the property has been checked and compliance with the contractual obligations has been verified.
Conclusions
Real estate lease bonds remain an essential safeguard in rental agreements. The main new development in Andalusia in 2026 is that the obligation to deposit new bonds with the Andalusian regional government has been removed, with custody now passing directly to the landlord.
This change simplifies rental management for landlords and agencies, but it does not alter the basic legal obligations regarding the bond, nor the limits applicable to additional guarantees in standard residential leases.
For this reason, having good professional advice remains key to formalizing clear, secure agreements that comply with current regulations.
At Cabanillas Real Estate, we help landlords and investors manage their rentals in Estepona and on the Costa del Sol with a close approach, knowledge of the local market, and professional service focused on the legal security of each transaction.
Si tienes consultas puedes contactar en sales@cabanillasrealestate.com
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