billgates

Friend of mine has an 11 month private rental agreement on a flat in town.
The landlord lives 70 odd km away and is never around and is very slow to carry out any repairs.
They don't want to renew the tenancy when it expires later this year and don't know what to do about the deposit that was paid directly to the landlord when they moved in, they're pretty sure the landlord will try and make up some excuse to avoid repaying it.

I have suggested they just don't pay the last months rent, but they are concerned that the landlord will be wise to this trick and start hassling them the second the rent is late and possibly use intimidating tactics.

What options do they have?
Does a denuncia carry any weight?
Should they just forget about the deposit and move on?

MikeJ

The advice given on here many times (and I add that I don't have personal experience) is that you don't pay the last month. Landlords seem to expect that and think that prompt payers are mugs.However, if you don't pay and you start getting hassle you can always pay then - you're no worse off. If you don't pay remember not to leave a forwarding address LOL

snikpoh

Oh dear, not an 11 month contract again! Why do people sign these?

It is illegal to use the fianza for anything other than repairs to the property. Having said that, many will also use it for the last utility bills.

As a landlord myself, and I shouldn't say this, if anyone is at all concerned that the fianza will NOT be returned, then withhold the last months rent and then start a dialogue with the owner/landlord.

I always return the fianza but that doesn't stop my tenants leaving without paying the last period of utility bills and/or the last months rent!

amideislas

I can't speak for elsewhere, but around here, the "deposit" is generally regarded as a "gift" to the landlord for allowing you to rent their property. "Key money". I don't know anyone who's ever gotten the deposit back. I suppose it happens, but more the exception than the rule. If you're hell-bent on getting it back, you'll have to take it to court, and that's an expensive and time-consuming task, especially when moving away.

For this reason, you should always negotiate the lowest possible deposit. One month's rent, if they will agree to that. Many ask for the maximum - 2 months by law if I am not mistaken. In any case, you can for the most part, kiss it goodbye right from the start.

Tadd1966

Just a simple suggestion - talk to the landlord before you do anything.

You cannot take any action such as a denuncia until he has refused to pay up etc.

billgates

Thanks for the quick replies.

So the general consensus is to not pay the last month's rent.

Seems to be a rather dishonest way of going about it, but if that's what most landlords expect then I'll pass the info on.

Is there no small-claims court or any kind of arbitration available for disagreements about deposits and claimed damage? Are denuncias just not worth bothering about, I mean, if someone denounced me then I would be pretty peed off about it and want to come to some sort of amicable solution with the offended party.

Rosemary

Personally I would give the landlord a reasonable amount of notice of the intention to leave in order to give him the opportunity to talk about the deposit. It feels to me as though they are gearing up for a problem when they do not know whether a problem exists or not.

Rosemary

mikelincs

We moved 4 or 5 times when we were in Spain, never bothered about the deposit, just upped and left, leaving the deposit for the agent or landlord. Never had any problems even renting from the same agent again.

Tadd1966

Rosemary is spot on

You cannot take a denuncia out or make any sort of claim / accusation anywhere until someone has done something wrong!!

At this point it is all hypothetical as no problem exists.


Speak to the landlord and try and find a mutually acceptable departure from the property, he may accept non payment of last months rent in exchange for deposit - it is NOT rocket science

If the landlord refuses / argues etc. then you can look at some form of action until then................

billgates

But did you pay the last month's rent?

mikelincs

We usually left at the end of a month, so we used up all our time, but just used to leave the deposit so they could pay the utilities, it was, for us, a lot simpler than getting the money back etc. in one case we just left and posted the keys through the agents letter box saying we have gone, in fact that was when we came back to the UK.

Tadd1966

billgates
Assuming your friend has a chat with the landlord and they cannot agree they have 2 options
1. Pay the rent and all utility bills up to the point of departure. Take photographs of the property inside and out and have a full inventory done. then if the deposit is not returned you can take whatever action is necessary against the landlord to get the deposit back - your friend will be in the right etc etc etc. Worst case you lose deposit
2. Leave the property with outstanding bills etc and hope the deposit covers it all and take a chance, your friend will then be in the wrong and the landlord can take action to chase them - best case nothing happens worst case who knows what action the landlord may take (assuming he can find your friend of course )
Either one is a gamble but I would prefer to sleep at night and have the choice to chase the landlord or not rather than the other way round

billgates

Well thanks for all the suggestions, I'll pass them on.

Knowing them, I would think they will just go for the easiest option and pay up front and hope to get their deposit back.

Not sure if taking pics would do any good unless they took plenty of them of the place before they moved in to compare with the latest ones.

Cheers,
Bill

Tadd1966

As long as the pics show enough detail (take plenty inside and out and even a video) showing the property is in good order i.e. no damage they will not need to compare with anything

I would prefer to be honest and pay what is due then fight for the deposit.
Good luck

JC3

I suggest your friend:

1) Start from the position that the landlord will play fair

2) Check the terms of the Tenancy Agreement carefully regarding ending the tenancy and notify the landlord in writing with proper notice that the tenant will not be renewing

3) Agree a date for the landlord to inspect the property with the tenant during ‘month ten’ for any damages, and agree any deductions that will be made from the deposit. If there is any damage, your friend should get the repair done or get a quote for repair before the landlord's inspection, so there is no argument over the deduction. The point is to get a friendly but firm dialogue going with the landlord asap, and agree the arrangements for the return of the deposit before deciding whether to withhold the last month’s rent.

4) Discuss with the landlord in advance the handover arrangements for the last day. The trick is to keep everything friendly and agree:

A) That on moving out day the deposit less any deductions, will be returned IN CASH
B) What, if any deductions, should be made for repairs
C) How the deductions for remaining bills will be calculated (provide copies of the previous bills showing payments made in advance, and work out the average day rate for any remaining days unpaid).
D) That when (and only when) everything is settled in cash on the last day will the tenant return the keys to the landlord. Be very clear. No deposit = no keys. The tenant should keep all the keys, i.e. external and internal doors, windows, the lot, until he gets paid what is due to him.

On the last day, get a large friend to also be there if necessary to reduce the likelihood of intimidation

Changing locks is a pain in the arse, which is why this method generally works.

If at the early meeting the landlord plays up, tell him politely that the tenant will withhold the last month’s rent until these issues are settled amicably.

It's worthwhile getting a clause regarding 'end of tenancy arrangements' something similar to the above included in a Tenancy Agreement before it's signed. Next time, perhaps.

Good luck

JC3