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Lodging the rental deposit in Andalusia: what changed with AVRA in 2026.
Andalusia's Housing Act 5/2025 abolished lodging deposits with the regional government for leases signed from 24 January 2026. But tenants still pay a deposit, earlier leases keep their rules and thousands of deposits remain lodged with the Andalusian Housing and Renovation Agency (AVRA). We explain what to do in each case.
- No lodging since 24 Jan 2026
- Refunds with form 810
- Checked on 18 Oct 2026
What Andalusian Housing Act 5/2025 says
For years, Andalusia required deposits to be lodged with the regional government, first under Act 8/1997 and, from 2014, with AVRA as the managing body. That ended with Andalusian Housing Act 5/2025 of 16 December (BOJA no. 247, 24 December 2025). Its sixth additional provision states that, from its entry into force, the Andalusian administration «will not hold» deposits set up under article 36 of the LAU, and that it will return those already lodged as the leases end and at the request of those concerned.
AVRA sets out the dates in its note on Act 5/2025: the duty is abolished for leases signed from 24 January 2026 inclusive, and remains for leases dated up to 23 January 2026 inclusive. The same act amends Act 8/1997 to remove the references to lease deposits; utility deposits are still regulated.
What does not change: the tenant still pays a deposit
The abolition only affects lodging with the regional government. The deposit itself is a national requirement and is still compulsory: one month for homes and two for other uses, in cash, when the lease is signed (art. 36.1 LAU). The difference is that the money now stays with the landlord or whoever manages the let, and so does the responsibility to keep track of it and return it within a month of the keys being handed back (art. 36.4 LAU), with statutory interest if late.
For a firm managing lets for several owners, this turns each deposit into a balance that must be identified lease by lease: whose it is, how much, whether it was updated on renewal and when it must be returned. That is exactly what AVRA's receipt used to settle, in part.
What to do with each deposit in Andalusia
| Lease | Lodging with AVRA | When it ends |
|---|---|---|
| Signed up to 23 Jan 2026 | Compulsory (the duty remains) | Claim the refund from AVRA with form 810 |
| Signed from 24 Jan 2026 | Not lodged | Returned directly by whoever holds it |
Source: AVRA, «Novedades en las fianzas de arrendamiento» and the sixth additional provision of Act 5/2025.
The refund with form 810, step by step.
The landlord or sub-landlord, or their legal representative, applies once the lease has ended.
Register the account in GIRO
Refunds require the bank account to be in the Junta's accounting system: via the Virtual Office with a certificate, or with the third-party account form.
Complete form 810
Online with a digital certificate, online and printed to hand in at an office, or on paper at the office by appointment.
Provide the documents
Cadastral reference and, for companies or special cases, the extra documents AVRA lists.
Get paid within a month
The administration has one month from the request to return the deposit.
Outstanding deposits from leases signed before 24 January
If a lease from before the cut-off date was never lodged, AVRA states that the duty remains. For those cases its lodging guide is still published: the landlord does it with form 806, within a month of signing; one month's rent for a main home and two for other uses; paid online, at AVRA offices or at partner banks, and filed with the cadastral reference and the lease.
AVRA's FAQ sets out the surcharges and penalties under that system: a single surcharge of 5%, 10% or 15% if paid within three, six or twelve months after the deadline; 20% if paid later but before an inspection; and, if not lodged at all, a serious offence fined at 50% to 150% of the unlodged amount. If you have older leases in this situation, it is wise to review them with a professional before acting.
Renewals and new leases on the same flat
The date that matters is when the lease was signed. If a tenant leaves and you sign a new lease after 24 January 2026, the old deposit is recovered from AVRA with form 810 and the new one is no longer lodged. While a lease from before the cut-off remains in force, its deposit stays with AVRA until it ends.
Two kinds of deposit in one portfolio, each in its place.
In Andalusia, deposits lodged with AVRA and deposits held by the firm itself will coexist for years. FixrOS's Portfolio module records on each lease the deposit received, where it is held and its date, alerts you when an older lease ends and form 810 is due, and carries the tenant refund into the owner statement. FixrOS does not file anything with AVRA: it gives you control.
- Where each deposit is: AVRA or held in-house
- Alert for the one-month refund window after keys are returned
- Refund shown in the owner statement
Other regions and tools
Questions about deposits in Andalusia
Must the rental deposit be lodged with AVRA in 2026?
Not for leases signed from 24 January 2026: Andalusian Housing Act 5/2025 abolished that duty. For leases dated up to 23 January 2026, AVRA states that the duty remains.
Is a deposit still compulsory in Andalusia?
Yes. What disappears is lodging with the regional government, not the deposit: article 36 of the LAU requires one month for homes and two for other uses on signing.
How do I recover a deposit lodged with AVRA?
When the lease ends, with form 810, online with a digital certificate or at an office by appointment. You need the cadastral reference and the account registered in GIRO. The administration has one month to refund it.
What happens to deposits already with AVRA?
They remain lodged. The Junta returns them as leases end and at the landlord's request, under the sixth additional provision of Act 5/2025.
If I sign a new lease on the same flat in 2026, what about the old deposit?
You claim its refund from AVRA with form 810 because that lease has ended. The deposit for the new lease, signed after 24 January 2026, is no longer lodged.
Does FixrOS process the AVRA refund?
No. The landlord or their manager files form 810. FixrOS shows which deposits are with AVRA and which you hold, and alerts you when a refund is due or must be claimed.
Information checked on 18 October 2026 against Andalusian Housing Act 5/2025 in the BOE (BOJA), AVRA's official pages (Act 5/2025 update, lodging, refund and FAQ) and the Urban Leases Act. It is not a substitute for professional advice.
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