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Rental deposit

Posted: Wed Jan 22, 2020 8:13am
6 replies378 views3 members subscribed
benji

Posts: 18

3 helpful points

Location: Villamartin

Joined: 24 Oct 2018

Hello, my husband and I rented a property in Villamartin for 9 months and our Estate Agents said when we left we would get the refund of our deposit in 2 weeks. We have now been back in the UK for 6 weeks and still have not received this. How long legally can the Estate Agents hold onto our deposit please? My husband and myself do keep in touch with the Agents, but the owner/accounts will not speak with us we just speak to one of the staff there. I will point out the property was left spotless and our rent and bills were all paid when they were due, so there is no issue there at all

Kimmy11

Posted: Wed Jan 22, 2020 6:17pm

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Wed Jan 22, 2020 6:17pm

Hi Benji,

The relevant law which relates to deposits on rental property in Spain is in Article 36.1 of the Ley de Arrendamientos Urbanos (LAU), from 1994.  I haven't looked at the law itself, but advice from my abogado is that you should receive the return of your deposit after one month of leaving the property.  I understand there are multiple deposit protection schemes available in Spain (like the TDS in the UK), do you know if the agent you rented through is holding your deposit in one of these schemes?

Unless you're planning a trip to Spain any time soon, or have a friend here who could visit the agent's office on your behalf, you may want to try a request in writing by recorded delivery for the return of your deposit.

Good luck!

Kind regards,

Kim

Bergor

Posted: Thu Jan 23, 2020 12:33am

Posts: 15

15 helpful points

Location: Rojales

Joined: 14 Apr 2017

Posted: Thu Jan 23, 2020 12:33am

Hi 

Perhaps the Agent is holding the deposit until the utilities come up for payment. If anything is owed for water or electricity it might have to be paid out of this deposit.

benji

Posted: Thu Jan 23, 2020 9:51am

benji

Original Poster

Posts: 18

3 helpful points

Location: Villamartin

Joined: 24 Oct 2018

Posted: Thu Jan 23, 2020 9:51am

Hi Kimmy, thanks for getting back to me. I don't know if the deposit was held in a scheme or not and now we are in the UK all we can do is phone and email. I just hope we get this money back  and soon because it has been a long time now. I had a breakdown of what I will receive (which is a lot lower than expected) but still not received the money.

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benji

Posted: Thu Jan 23, 2020 9:52am

benji

Original Poster

Posts: 18

3 helpful points

Location: Villamartin

Joined: 24 Oct 2018

Posted: Thu Jan 23, 2020 9:52am

Thanks Bergor. If this is the case, I would rather be told than just fob me off each time I get in touch with them

Pacoboy

Posted: Fri Jan 24, 2020 11:34am

Pacoboy

Helpful member

Posts: 478

317 helpful points

Location: Algorfa

Joined: 11 May 2018

Posted: Fri Jan 24, 2020 11:34am

You can kiss that goodbye rule one Never trust a estate agent in spain,

benji

Posted: Sat Jan 25, 2020 9:45am

benji

Original Poster

Posts: 18

3 helpful points

Location: Villamartin

Joined: 24 Oct 2018

Posted: Sat Jan 25, 2020 9:45am

I think you might be right. I have heard of some English ripping off  English, but I didn't think an Estate Agent would do it. I must be very naïve but I do trust people

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