Damage deposit at your property: can you ask for one, how much and how to return it (Spain, Portugal, Italy and Greece, 2026)

Updated: 9 November 2026

A damage deposit protects your property. Poorly explained, it puts guests off and leads to complaints. We read the Andalusian rules, Spanish consumer law and the official help pages of Booking.com and Airbnb (links at the end). Where we could not confirm something we say so. This is not legal advice: check with your adviser.

Damage deposit and advance payment are different

Damage deposit: money or a hold you return at the end if there is no damage.
Advance payment: part of the price paid beforehand and deducted from the total.
Mix them up and guests won't know what they get back. Explain them separately.

Andalusia: what Decree 28/2016 says

We read the regional government's consolidated text for holiday homes:

The word for damage deposit («fianza») does not appear. We found no ban and no maximum amount.
Art. 8.2: price, booking, advance payments and cancellation are as agreed, but must be detailed and published before booking.
On booking, you give a receipt with the total price, advance payments and penalties.
Art. 8.3, if nothing was agreed: you may ask for an advance of up to 30% of the total stay.
If the guest cancels more than 10 days ahead, you may keep up to half of the advance; under 10 days, all of it.
If you cancel, you refund the advance; under 10 days ahead, you also pay 30% of the price as compensation.
Hotels (Decree-Law 13/2020): we have not checked this.

Disclose before booking

Spanish consumer law (art. 97.1 r of the consolidated act, as amended by Law 3/2014 transposing Directive 2011/83/EU) requires distance sellers to disclose «the existence and conditions of deposits or other financial guarantees».
In practice: amount, payment method, when it is taken, when it is returned and what can be deducted. Before booking, not at check-in.

Booking.com

Its official partner safety page says you can set up a damage deposit policy.
You may keep a collected deposit when the damage is proven to have been caused by the guest.
It also advises checking your insurance: home insurance does not always cover short-term rentals.
Collection methods and refund deadlines: we could not open its help page; check your extranet.

Airbnb

Most hosts may not charge a security deposit, either through the Resolution Center or off the platform.
Exceptions: some software-connected hosts and hotels. The deposit must be visible before booking.
Where allowed, return the deposit or release the hold within 7 days of checkout (14 for hotels) if there is no damage.
Without a deposit: request reimbursement in the Resolution Center within 14 days of checkout. The guest has 24 hours.
If they don't pay, AirCover host damage protection can reimburse up to USD 3 million. It excludes normal wear and tear and routine cleaning.

Portugal, Italy and Greece

We have not verified any specific rule on damage deposits for tourist accommodation in these countries. Ask your adviser, municipality or association before setting an amount.

How to return it properly (good practice)

A card pre-authorisation is better than a charge: no money moves if all goes well (details in our payments guide).
Take dated photos at check-in and check-out.
If you deduct something, send an invoice or quote and return the rest promptly.
Put the amount and refund deadline in the booking confirmation.

How iQuota helps

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Frequently asked questions

Can I ask for a damage deposit at a holiday home in Andalusia?

Decree 28/2016 neither mentions nor bans it. It does require booking and advance-payment terms to be detailed and published beforehand.

How much advance payment can I ask for in Andalusia?

If nothing else was agreed, up to 30% of the total stay (art. 8.3 of Decree 28/2016).

Can I charge a security deposit on Airbnb?

Usually not. There are exceptions (some software-connected hosts and hotels) and the deposit is returned within 7 days (14 for hotels).

Sources

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