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Landlord rents property to others despite keeping my holding deposit.

Posted: Thu May 26, 2022 8:15am
7 replies535 views4 members subscribed
Ann Jennings 888

Posts: 8

Location: Orihuela

Joined: 6 Oct 2021

Hi, 

I rented a apartment from 1 Nov 21 until 31 March 22. During my last week I discussed with the landlord that I would like to rent the apartment again longterm from 1 Sep 22 until 30 June 23.

He called to collect the keys and told me he would email me the new contract (including an increase of €25 per month) a few days later. The apartment was to be rented for the Summer period. He said he would keep my deposit of €500 from the first rental as a holding deposit.

I discovered that the apartment was since advertised and rented to others as a long term property. After getting no reply to my calls from the landlord I rang the estate agent to tell her he already had my deposit to hold that property. She said she would speak to him but didn't ring back.

I need help to find out have I any right to get my €500 back from a landlord who refuses to reply.  Please help me if you know of any process such as a small claims court etc which I could use.

Thanks

tebo53

Posted: Thu May 26, 2022 9:09am

tebo53

Legendary helpful member

Posts: 4849

5044 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Thu May 26, 2022 9:09am

Ann Jennings 888 wrote on Thu May 26, 2022 8:15am:

Hi, 

I rented a apartment from 1 Nov 21 until 31 March 22. During my last week I discussed with the landlord that I would like to rent the apartment again longterm from 1 Sep 22 until 30 June 23.

He called to collect the keys and told me he would email me the new contract (including an increase of €25 per month) a few days later. The apartment was to be rented for the Summer period. He said he would keep my deposit of €500 from the first rental as a holding deposit.

I discovered that the apartment was since advertised and rented to others as a long term property. After getting no reply to my calls from the landlord I rang the estate agent to tell her he already had my deposit to hold that property. She said she would speak to him but didn't ring back.

I need help to find out have I any right to get my €500 back from a landlord who refuses to reply.  Please help me if you know of any process such as a small claims court etc which I could use.

Thanks

Sorry but I've heard about many landlords who have failed to return deposits and if he's refusing to return emails or calls it doesn't look well. Small claims courts won't help in the UK and making a claim through the Spanish courts could take years and cost more than your deposit. 

It's a reminder to ask for deposits back immediately you return the keys.

Steve 

John123456

Posted: Thu May 26, 2022 10:37am

John123456

Super helpful member

Posts: 1479

1071 helpful points

Location: Benidorm

Joined: 27 Feb 2021

Posted: Thu May 26, 2022 10:37am

I agree with what tebo53 has written above.

You might find the contents of this linkn useful:

https://www.idealista.com/en/news/property-rent-spain/2019/05/16/6722-rental-deposit-scheme-how-get-your-deposit-back 

Ann Jennings 888

Posted: Thu May 26, 2022 4:28pm

Ann Jennings 888

Original Poster

Posts: 8

Location: Orihuela

Joined: 6 Oct 2021

Posted: Thu May 26, 2022 4:28pm

John123456 wrote on Thu May 26, 2022 10:37am:

I agree with what tebo53 has written above.

You might find the contents of this linkn useful:

Thank you for your reply.

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Kerley

Posted: Sat May 28, 2022 10:02pm

Posts: 4

4 helpful points

Location: Cabo Roig

Joined: 20 May 2022

Posted: Sat May 28, 2022 10:02pm

Ann Jennings 888 wrote on Thu May 26, 2022 4:28pm:

Thank you for your reply.

Putt a review up

TP20

Posted: Sun May 29, 2022 6:25am

TP20

Helpful member

Posts: 521

468 helpful points

Location: Villamartin

Joined: 26 Sep 2020

Posted: Sun May 29, 2022 6:25am

Kerley wrote on Sat May 28, 2022 10:02pm:

Putt a review up

Go on named & shamed. 

Tango99

Posted: Sun May 29, 2022 3:13pm

Posts: 11

3 helpful points

Location: Bigastro

Joined: 26 Sep 2020

Posted: Sun May 29, 2022 3:13pm

Hi 

This happens to often here to Brits May I say report it to the guarda civil     They are receptive to issues For if landlord not legit it may stir there responsibility .

des486

Posted: Tue May 31, 2022 7:49pm

Posts: 17

23 helpful points

Location: Torrevieja

Joined: 9 Aug 2018

Posted: Tue May 31, 2022 7:49pm

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