Can the landlord ask for more than three months' deposit?

Not in housing contracts agreed under the 2026 law. Article 16 sets the deposit at up to three months of the rent set in the contract, and the same cap applies to the insurance policy that can be used instead.

Can the deposit be paid in dollars?

Yes. The 2026 law allows the deposit to be set in a currency other than the bolívar, and the parties can agree that the equivalent in bolívares is paid and returned at the BCV rate on the date of each transaction (articles 16 and 18).

How long does the landlord have to return my deposit?

Within the 15 calendar days after the end of the rental relationship, after the landlord inspects the property (article 18). The landlord can only deduct duly proven repairs and unpaid services.

Does the deposit have to be in a special bank account?

For housing, no. The 2026 law only says the deposit can be paid in cash or into a bank account, as the parties agree. The dedicated account in the landlord's name, with interest for the tenant, is a rule for commercial premises (Decreto N° 929 of 2014), which does not cover offices.

Rental deposit in Venezuela: legal cap

Q: My contract is from before August 2026. Does the three-month cap apply to me?

In principle, no. Under article 2 of the 2026 law, contracts that were already in force remain governed by the 2011 Ley para la Regularización y Control de los Arrendamientos de Vivienda, which sets no maximum deposit amount. Whether any other rule applies to your case is disputed, so consult a lawyer.

How much the landlord can ask for

For housing contracts agreed after the new law took effect, on August 7, 2026, the rule is in article 16 of the Ley del Régimen Especial de Arrendamiento de Inmuebles Destinados a Vivienda, published in Gaceta Oficial N° 7.065 Extraordinario. Landlord and tenant may agree on "alguna de las siguientes garantías" (one of the following guarantees) to cover the upkeep of the property and the payment of unpaid services:

Deposit: up to three months of the rent set in the contract.

Insurance policy: covering damage caused to the property, for an equivalent amount of up to three months' rent.

Three months is a cap, not a required figure. The law says the guarantee "podrá" (may) be agreed, so the amount is negotiated within that limit. A deposit of one or two months also complies with the law.

Acceso a la Justicia (a Venezuelan legal NGO) reads "alguna de" ("one of") as one or the other, although, unlike the decree for commercial premises, the law does not expressly prohibit combining them.

Example: if the agreed rent is $400 a month, the maximum deposit is $1,200.

Article 17 requires public and private insurers to design affordable policies for housing rentals, and tasks the Superintendencia de la Actividad Aseguradora (insurance regulator) with regulating their terms and conditions. The law sets no date for those policies to be available, and as of October 27, 2026, the regulatory database published by the Superintendencia includes no rules on them.

Deposit in dollars: what the law says

The 2026 law allows the deposit to be set in a currency other than the bolívar. Two articles regulate it:

When it is paid (article 16): if the deposit is in another currency, the parties may agree that the tenant pays the equivalent in bolívares, at the exchange rate published by the Banco Central de Venezuela (BCV, the central bank) for the date of payment.

When it is returned (article 18): if the deposit was given in another currency, the parties may agree that the landlord refunds it in bolívares, at the BCV exchange rate on the date of the refund.

In both cases, payment in bolívares is an option that is agreed, not a unilateral right of one of the parties. Article 14 applies the same logic to the monthly rent.

This is a fundamental change. The 2011 Ley para la Regularización y Control de los Arrendamientos de Vivienda required, in its article 54, that contracts be made in legal tender, with penalties for landlords who did not comply.

Where the deposit is kept

The 2026 law only says that the parties agree on how the deposit is paid, and that it can be paid in cash or by deposit into a bank account. It does not require a separate account in anyone's name, nor does it say who owns any interest it might earn. That is a difference from commercial premises, which have stricter rules (see below).

Since the refund depends on comparing the condition of the property at handover and at return, it is wise to put in writing:

The amount, currency and form of payment of the deposit, in the contract.

A signed receipt or the transfer confirmation.

An inventory or record of the condition of the property at the start, ideally with dated photos.

When and how it is returned

Article 18 sets the rules for the refund:

Deadline: within the 15 calendar days after the end of the rental relationship.

Amount: the landlord must refund the full deposit, after inspecting the property and verifying that it is in the same condition in which the tenant received it.

Deductions: if it is not in good condition, the necessary repairs and unpaid services can be deducted, as long as they are duly proven.

Two other rules help to know what can be deducted. Unless the contract says otherwise:

Repairs (article 15): those costing up to 30% of the monthly rent are the tenant's responsibility. Those above that 30% are the landlord's, unless they are due to the tenant's negligence, recklessness or lack of skill.

Services (article 19): electricity, water, gas, garbage collection, telephone, internet and similar are the tenant's. Condominium fees and property taxes are the landlord's.

The 2026 housing law sets no interest or surcharges for returning the deposit late. If there is a disagreement, article 25 allows going to conciliation, mediation, arbitration or the tribunales de municipio (municipal courts) where the property is located, through the juicio breve (summary procedure), regardless of the amount at stake. For a formal claim, it is best to get advice from a lawyer.

What changed from the 2011 law

The new law does not replace the 2011 law for all contracts. Under its article 2, it applies only to housing rentals agreed or formalized after it took effect. Contracts that were already in force remain governed by the Ley para la Regularización y Control de los Arrendamientos de Vivienda (Gaceta Oficial N° 6.053 Extraordinario, November 12, 2011) and by the Decreto con Rango, Valor y Fuerza de la Ley Contra el Desalojo y la Desocupación Arbitraria de Vivienda.

Also excluded are homes that a tenant already occupied under a rental on the date the law took effect, for as long as that possession continues. The exclusion lasts "mientras persista esa posesión" (while that possession continues): renewing or signing a new contract with that same tenant is not enough, by itself, to move to the 2026 law. The law does not say expressly what happens when those leases are renewed; consult a lawyer.

The 2011 law does not regulate the deposit. The 1999 Decreto N° 427 de Arrendamiento Inmobiliario did (a cap of four months, article 22; refund within 60 days, article 25), but the 2011 law repealed its rules "vinculadas con el arrendamiento inmobiliario de vivienda" (related to housing leases). Whether they still apply to earlier housing contracts is a disputed point.

Topic	2011 law (earlier contracts)	2026 law (new contracts)
Deposit cap	The law sets no maximum amount	Up to 3 months' rent (art. 16)
Insurance policy as a guarantee	The law does not provide for it	Yes, up to 3 months' rent (arts. 16 and 17)
Currency	Contracts in legal tender (art. 54)	Can be agreed in another currency, with an agreed option to pay in bolívares at the BCV rate (arts. 14, 16 and 18)
Deadline to return the deposit	The text does not set one	15 calendar days (art. 18)
Rent	Set by the Superintendencia Nacional de Arrendamiento de Vivienda (housing rental regulator) (art. 66)	Agreed by the parties (art. 12)
Advance payments	Demanding rent in advance is prohibited (art. 67)	Monthly payment, unless otherwise agreed (art. 14)

If your contract predates August 7, 2026, in principle the rules of the new law do not apply to it, although an analysis by Acceso a la Justicia argues that later effects, such as the refund of the deposit, could fall under it. To know what governs your case, consult a lawyer.

Commercial premises: a different rule

Properties used for commercial, industrial or professional activities are excluded from the 2026 law (article 2). Commercial premises (locales comerciales) are governed by the Decreto con Rango, Valor y Fuerza de Ley de Regulación del Arrendamiento Inmobiliario para el Uso Comercial (Decreto N° 929, Gaceta Oficial N° 40.418, May 23, 2014), which is stricter about the deposit:

Cap (article 19): a cash deposit or a fianza (surety bond), never both. Each one up to three months' rent.

Where it is kept: in a bank account used only for that purpose, in the landlord's name. The interest belongs to the tenant, unless it is used to enforce the guarantee.

Refund (article 21): within the 15 calendar days after the end of the contract or after the last pending obligation is fulfilled, with the interest earned.

Delay (article 22): if the landlord does not return it within that period or refuses without justification, interest accrues at the highest lending rate in the banking sector, according to BCV data.

The decree expressly excludes offices and industries (article 4). For those cases, consult a lawyer.

Clarification, 27 October 2026: an earlier version said the 2026 law does not mention renewals. Its article 13 does mention them, for rent adjustments; what it does not say is what happens when a lease with a tenant already in the home is renewed.

How much deposit can a landlord charge in Venezuela? (2026)