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Landlord not returning deposit

Landlord not returning deposit

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Old Jan 10th 2017, 7:47 am
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Default Landlord not returning deposit

Bit of advice required here.

Rented a property for a year. Paid deposit up front.
Debated about not paying the last months rent over fears of not getting my deposit back, but eventually decided that honesty and trust outweighed the risk. Discussed this with landlord who also mentioned honesty and trust.
Decided to pay the last months rent.
On vacating the property a joint inspection was carried out and landlord agreed all fine and as soon as the final electric bill was paid my deposit would be returned.

Eventually received final invoice from Endessa and forwarded it to landlord as evidence.
Landlord now claims he has had to replace various items and other damage therefore no deposit to repay.

Having argued the case with him and refered to previous inspection he said ok he will transfer deposit to my account.

Still waiting several months later with landlord repeatedly saying he has authorised the transfer and it must be the bank that is holding it. Basically, "check is in the post".

What can I do?
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Old Jan 10th 2017, 7:50 am
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Default Re: Landlord not returning deposit

Probably not much.

How about threatening him with denouncing him and reporting him to hacienda.

Other than that, there really isn't much you can do.
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Old Jan 10th 2017, 10:43 am
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Default Re: Landlord not returning deposit

What does a denuncia actually achieve?

I mean, if everyone that rented from this landlord raised a denuncia against him then what does it prove other than he doesn't give deposits back and he collects denuncias?

Does a denuncia carry any legal weight?

Is there a small claims court in Spain? Is it worth getting a lawyer involved?

500 euros isn't that much to lose but it's the principle. It's theft, plain and simple. I could get really wound up by this if I let myself, it's like I want to really humiliate this guy for thinking he can just get away with this shit. And the only reason I'm in this position is because I did the right thing, as per contract and paid the last months rent.

Grrr!!!!
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Old Jan 10th 2017, 10:52 am
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Default Re: Landlord not returning deposit

Originally Posted by billgates
What does a denuncia actually achieve?

I mean, if everyone that rented from this landlord raised a denuncia against him then what does it prove other than he doesn't give deposits back and he collects denuncias?

Does a denuncia carry any legal weight?

Is there a small claims court in Spain? Is it worth getting a lawyer involved?

500 euros isn't that much to lose but it's the principle. It's theft, plain and simple. I could get really wound up by this if I let myself, it's like I want to really humiliate this guy for thinking he can just get away with this shit. And the only reason I'm in this position is because I did the right thing, as per contract and paid the last months rent.

Grrr!!!!
Legal action would, more than likely, take years and thousands of euros, and at the end of the day you will have lost a lot more than you will ever get back, we had to give up a claim for €6000 because out legal advisors thought it would cost a lot more to get the person to court. You're gonna have to suck up the loss, and next time do NOT pay the last months rent
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Old Jan 10th 2017, 11:28 am
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Default Re: Landlord not returning deposit

Originally Posted by mikelincs
Legal action would, more than likely, take years and thousands of euros, and at the end of the day you will have lost a lot more than you will ever get back, we had to give up a claim for €6000 because out legal advisors thought it would cost a lot more to get the person to court. You're gonna have to suck up the loss, and next time do NOT pay the last months rent
Spain has a small claims procedure similar to UK, designed for amounts up to €2.000,- Worthwhile doing just to make your point . If your Spanish is up to it you do not even a lawyer for such procedures. The process should not take long. This link explains the whole procedure

Juicio Verbal: Cómo reclamar hasta 2000 € gratuitamente | LEY del JUEGO | Las casas de apuestas al descubierto
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Old Jan 11th 2017, 7:47 am
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Default Re: Landlord not returning deposit

Many thanks, I will look into this.
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Old Jan 11th 2017, 11:25 pm
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Default Re: Landlord not returning deposit

Keep us posted
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Old Jan 15th 2017, 9:10 am
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Default Re: Landlord not returning deposit

I hope you are successful.
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