Deposits and Guarantees in Tourist Homes: How Much to Charge, How to Manage It, and What the Law Says

Charging a deposit in a tourist accommodation sounds simple, but it is full of pitfalls. How much can you ask for? Do you always have to return it? What happens if there are damages and the guest refuses to pay? In this post, I explain everything you need to know about deposits and guarantees in vacation rentals in Spain, with real figures, practical examples, and what the law states.

What exactly is a guarantee in tourist rentals?

A guarantee (or security deposit) is an amount the guest gives you as a guarantee against possible damages, thefts, or extra expenses during their stay. If everything goes well, you return it at checkout. If there are damages, you deduct the corresponding amount and return the rest.

Note, this is important: the guarantee for tourist rentals IS NOT the same as the guarantee under the LAU (Urban Lease Law). Vacation rentals are governed by regional tourism regulations and the Civil Code, not by the LAU. This means you do not have to deposit the guarantee with any public authority (unlike long-term rentals in some communities).

Important: although there is no legal obligation at the national level to charge a guarantee, you do have the right to do so. And I strongly recommend that you do.

How much to charge for a guarantee? Real market figures

There is no fixed amount. It depends on the type of property, the nightly rate, the area, and the type of guest. But these are the usual ranges in the Spanish market:

Property Type	Recommended Guarantee
Basic studio or apartment	€100-200
2-3 bedroom apartment	€200-400
Luxury home or villa	€500-1,500
Properties with jacuzzi, private pool, etc.	an extra €300-600

A quick rule that works: between 20% and 30% of the total stay price, with a minimum of €100 and a reasonable maximum based on the value of the items inside.

What if I work with Airbnb or Booking?

Here, things change. Each platform has its own system:

• Airbnb: you can set up a "security deposit" in the listing. Airbnb does not effectively charge it to the guest, but it can withhold it if you claim damages through AirCover.
• Booking.com: allows you to specify that you request a guarantee, but you manage it directly with the guest (at check-in or in advance).
• Vrbo: does effectively charge a refundable guarantee to the guest before check-in.
• Direct booking: here you have full control. You decide how much, when, and how.

How to charge the guarantee: 3 effective methods

1. Pre-authorization on a card

This is the most professional method. You block the amount on the guest's card (not actually charge it) for a few days. If there are no issues, it is released automatically. You need a virtual POS or a system like Stripe.

Advantage: you do not handle physical money. Disadvantage: requires the guest to have a card with sufficient available credit.

2. Charge and refund via bank transfer or Bizum

The guest transfers the guarantee before arrival or at check-in. You refund it after checkout, once you verify everything is in order.

Advantage: easy to implement. Disadvantage: banking procedures, possible fees, and the guest might feel uncomfortable sending money in advance.

3. Cash at check-in

The oldest method. The guest gives you cash and you return it in person when they leave.

Advantage: zero fees. Disadvantage: you need to be present, it doesn't scale well, and many international guests do not carry that much cash.

What can you deduct from the guarantee (and what not)

This is the part that causes the most conflicts. Here is a clear guide:

Yes, you can deduct:

• Breakages and material damages (glasses, appliances, furniture)
• Irreparable stains on sheets, towels, sofas, or carpets
• Extra cleaning (not the usual, which is already included)
• Missing objects
• Expenses for excess consumption if stipulated (rare but possible)
• Penalties for breaching clear contract rules (parties, unauthorized pets, smoking inside)

No, you cannot deduct:

• Normal wear and tear
• Usual stains or dirt from a tourist stay
• "Your opinion" without objective evidence
• Expenses already included in the price

Golden rule: if you deduct something, document it with photos, estimates, or invoices. If the guest disputes and you go to court, without evidence you have nothing.

Legal deadline to return the guarantee

There is no specific legal deadline for tourist rentals, but jurisprudence and common sense set these timeframes:

• 48-72 hours: ideal and most professional
• Up to 7 days: acceptable if you need estimates for damages
• More than 15 days without justification: you risk claims

In your contract or internal rules, clearly specify the deadline. If you say you will return it in 72 hours, fulfill it.

The contract: your best safeguard

Many owners skip this, but it is key. Before the stay, the guest should sign (digitally is fine) a document with:

• Guarantee amount
• Method of charge and return
• Return deadline
• Items for which it can be fully or partially retained
• Inventory of the property

If you also conduct a professional check-in with all paperwork in order, you will avoid 90% of problems.

Common mistakes that can cost you money

Mistake 1: Not charging a guarantee

"My guests are nice." Until one breaks the shower screen (€300) and doesn’t answer WhatsApp.

Mistake 2: Charging a guarantee without documenting it

If you have nothing signed, the guest can refuse to pay and you have no solid legal basis.

Mistake 3: Keeping the guarantee "just in case"

Keeping the guarantee without justification is illegal. The guest can sue you for unjust enrichment, claim through civil courts, or leave a damaging review.

Mistake 4: Not making an inventory

Without an inventory, you cannot prove something is missing. Take photos of the property before each entry. It takes 5 minutes.

Mistake 5: Confusing wear and tear with damage

A small stain on a white sofa after 50 stays is wear and tear, not damage. Be reasonable.

And the tourist home insurance?

The guarantee covers minor and reasonable issues. For larger incidents (fire, flood, damages over €1,000), you need a specific civil liability insurance for tourist rentals. The guarantee and insurance are complementary, not mutually exclusive.

If you want to delve deeper, I recommend reading about mandatory and recommended insurances for tourist homes.

How Autoregistro fits in

A fundamental part of properly managing the guarantee (and everything else) is correctly identifying the guest before arrival. If you don’t know who is entering your home, you cannot claim anything afterward.

Autoregistro helps with this: the guest fills out a form with their details and ID before check-in, and the data is automatically sent to SES Hospedajes (mandatory from 2024). You have everything registered, identified, and stored in case a problem with the guarantee or any other incident arises.

It costs €1 per month per property. Less than a coffee. And it saves you hours of paperwork and the scares of not having guest information when needed.

Frequently Asked Questions

Is it mandatory to charge a guarantee in a tourist home?

No, it’s not legally mandatory. But it is highly recommended. Without a guarantee, recovering money for damages is a nightmare.

Can I charge the guarantee in cash?

Yes, provided you give a receipt and the amount is below the legal limits for cash payments (currently €1,000 between professionals and individuals).

What if the guest refuses to pay the guarantee upon arrival?

If specified in the reservation conditions, you can refuse to hand over the keys. That’s why it’s crucial to charge it beforehand or have a clear signed contract.

Can I keep the guarantee if the guest cancels at the last minute?

No, the guarantee is a security for damages, not a penalty for cancellation. Cancellation penalties are a separate concept and should be specified separately in your conditions.

Do I have to declare the guarantee in my IRPF?

No, as long as you return it. The guarantee is not income; it is a deposit. Only if you keep part of it for damages, that amount must be declared as income (or as compensation, depending on your tax advisor).