Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Nov 26th 2008, 2:17 pm
#1
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Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
I am currently renting a property in Javea for a period of nine months. The English owner drew up the rental contract in English and in Spanish. On the day I moved in, I paid a month's rent in advance (fair enough) plus the equivalent of two months rent as a deposit against damage etc. My question is: did she have the legal right to charge me 2 months rental. Should it have been only 1 month rental? Any advice would be appreciate. Thanks.
Nov 26th 2008, 3:00 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Swings and roundabouts I think - I have also heard that it is illegal to take more than one month's rent but certainly in the two places that I have rented for 11 months each time I have had to pay two months up front (both English owners) - one agency charged us nothing and charged the owner and the other one also took a month's rent - can be an expensive exercise to start. The problem is that you can refuse and then they just rent the property elsewhere
Nov 26th 2008, 3:35 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
I am currently renting a property in Javea for a period of nine months. The English owner drew up the rental contract in English and in Spanish. On the day I moved in, I paid a month's rent in advance (fair enough) plus the equivalent of two months rent as a deposit against damage etc. My question is: did she have the legal right to charge me 2 months rental. Should it have been only 1 month rental? Any advice would be appreciate. Thanks.
Nov 26th 2008, 4:24 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
I am currently renting a property in Javea for a period of nine months. The English owner drew up the rental contract in English and in Spanish. On the day I moved in, I paid a month's rent in advance (fair enough) plus the equivalent of two months rent as a deposit against damage etc. My question is: did she have the legal right to charge me 2 months rental. Should it have been only 1 month rental? Any advice would be appreciate. Thanks.
Out of the Free Beer thread by the way.
Nov 26th 2008, 4:47 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Nov 26th 2008, 6:56 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Having said that when we rented ours we got stung for 2 months cos we did not know any different and assumed it was kosher.
Nov 26th 2008, 7:08 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Is it illegal for rental agencies to charge the following???? :
one months rent in advance
two months as deposit (for broken items etc)
one months rent as their agency fee
This is what ALL the agencies do in Barcelona, this is not an occasional thing here!
If you take into account the minimum rent for a tiny, dirty and damp 50m studio flat is 750 per month - that is AT LEAST 3,000 euros to move in...
The majority of private owners are doing something similar too, or asking to see bank statements of savings accounts and/or a letter from your bank confirming funds, with a 'minimum' required amount to even say hello..!
The rental market here is crazy. The property may be a ex-brothel, built many, many, many moons ago with the smallest, dirtiest staircase you have ever seen (and no lift) with no central heating, and windows that are paper thin that let all the 24 hour traffic noise in, or with no 'external windows' and no outdoor space, (unless you call the street 'your space') but the rent will still be around 1,300 Euros per month for a 3 bed flat. It's insane.
I heard in the summer that people were so desperate for somewhere to live that someone rented out their balcony for 180 Euros per month to some poor person who couldn't afford anything else...
one months rent in advance
two months as deposit (for broken items etc)
one months rent as their agency fee
This is what ALL the agencies do in Barcelona, this is not an occasional thing here!
If you take into account the minimum rent for a tiny, dirty and damp 50m studio flat is 750 per month - that is AT LEAST 3,000 euros to move in...
The majority of private owners are doing something similar too, or asking to see bank statements of savings accounts and/or a letter from your bank confirming funds, with a 'minimum' required amount to even say hello..!
The rental market here is crazy. The property may be a ex-brothel, built many, many, many moons ago with the smallest, dirtiest staircase you have ever seen (and no lift) with no central heating, and windows that are paper thin that let all the 24 hour traffic noise in, or with no 'external windows' and no outdoor space, (unless you call the street 'your space') but the rent will still be around 1,300 Euros per month for a 3 bed flat. It's insane.
I heard in the summer that people were so desperate for somewhere to live that someone rented out their balcony for 180 Euros per month to some poor person who couldn't afford anything else...
Nov 27th 2008, 8:49 am
#8
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Is it illegal for rental agencies to charge the following???? :
one months rent in advance
two months as deposit (for broken items etc)
one months rent as their agency fee
This is what ALL the agencies do in Barcelona, this is not an occasional thing here!
If you take into account the minimum rent for a tiny, dirty and damp 50m studio flat is 750 per month - that is AT LEAST 3,000 euros to move in...
The majority of private owners are doing something similar too, or asking to see bank statements of savings accounts and/or a letter from your bank confirming funds, with a 'minimum' required amount to even say hello..!
The rental market here is crazy. The property may be a ex-brothel, built many, many, many moons ago with the smallest, dirtiest staircase you have ever seen (and no lift) with no central heating, and windows that are paper thin that let all the 24 hour traffic noise in, or with no 'external windows' and no outdoor space, (unless you call the street 'your space') but the rent will still be around 1,300 Euros per month for a 3 bed flat. It's insane.
I heard in the summer that people were so desperate for somewhere to live that someone rented out their balcony for 180 Euros per month to some poor person who couldn't afford anything else...
one months rent in advance
two months as deposit (for broken items etc)
one months rent as their agency fee
This is what ALL the agencies do in Barcelona, this is not an occasional thing here!
If you take into account the minimum rent for a tiny, dirty and damp 50m studio flat is 750 per month - that is AT LEAST 3,000 euros to move in...
The majority of private owners are doing something similar too, or asking to see bank statements of savings accounts and/or a letter from your bank confirming funds, with a 'minimum' required amount to even say hello..!
The rental market here is crazy. The property may be a ex-brothel, built many, many, many moons ago with the smallest, dirtiest staircase you have ever seen (and no lift) with no central heating, and windows that are paper thin that let all the 24 hour traffic noise in, or with no 'external windows' and no outdoor space, (unless you call the street 'your space') but the rent will still be around 1,300 Euros per month for a 3 bed flat. It's insane.
I heard in the summer that people were so desperate for somewhere to live that someone rented out their balcony for 180 Euros per month to some poor person who couldn't afford anything else...
Sounds horrendous ,so why do you live there?
If your not making good money I cant see the point.
Nov 27th 2008, 10:22 am
#9
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
I am currently renting a property in Javea for a period of nine months. The English owner drew up the rental contract in English and in Spanish. On the day I moved in, I paid a month's rent in advance (fair enough) plus the equivalent of two months rent as a deposit against damage etc. My question is: did she have the legal right to charge me 2 months rental. Should it have been only 1 month rental? Any advice would be appreciate. Thanks.
why a 9 month contract?
is it so that you will move out in time for the summer & she can let to holidaymakers?
Nov 27th 2008, 6:07 pm
#10
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Nov 28th 2008, 1:28 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
It is certainly not illegal to charge 2 months rent as deposit, irrespective of what is said above (and the link provided doesnt actually say anything about the amount of the deposit anyway!). Deposits are a negotiable point and not subject in quantum to any legislation, landlords are free to ask as big a deposit as the market will stand, tennants obviously want to pay as low a deposit as they can!
Typically in Spain it is the tennant that pays the agents fees, usually one months rent, although it can be more as we live in a free market. As always - negotiate!
Typically in Spain it is the tennant that pays the agents fees, usually one months rent, although it can be more as we live in a free market. As always - negotiate!
Nov 28th 2008, 1:41 pm
#12
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
It is certainly not illegal to charge 2 months rent as deposit, irrespective of what is said above (and the link provided doesnt actually say anything about the amount of the deposit anyway!). Deposits are a negotiable point and not subject in quantum to any legislation, landlords are free to ask as big a deposit as the market will stand, tennants obviously want to pay as low a deposit as they can!
Typically in Spain it is the tennant that pays the agents fees, usually one months rent, although it can be more as we live in a free market. As always - negotiate!
Typically in Spain it is the tennant that pays the agents fees, usually one months rent, although it can be more as we live in a free market. As always - negotiate!
Upon signature of the rental contract, tenants are required to pay the landlord a deposit (fianza) equal to 1 month rent payment, in order to guarantee that the property will be returned to the owner in the same state as before the occupation.
This deposit will be returned as the tenant moves out, assuming that the property is in good conditions.
The amount of rent is agreed between both parties. Normally rent is monthly paid 7 days before the end of the month. On no account must the landlord ask for more than 1 month rent to be paid in advance.
This is from an Abogado site not an agents site. ;-))
Nov 28th 2008, 1:48 pm
#13
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
I dont want to labour this point but, all that the site refered to says is that the rent cant be more than one month in advance. This is not the deposit and the deposit can be anything mutually agreable to both parties!
Nov 28th 2008, 1:54 pm
#14
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
Well your view is different from what the lawyer has written on the top line then. ;-)
Nov 28th 2008, 1:57 pm
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Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?
quoted from the site
2. The deposit
Upon signature of the rental contract, tenants are required to pay the landlord a deposit (fianza) equal to 1 month rent payment, in order to guarantee that the property will be returned to the owner in the same state as before the occupation.
This deposit cannot be used to pay the rent to the landlord.
This deposit will be returned as the tenant moves out, assuming that the property is in good conditions.
After 5 years of rental contract, rental increase will require an increase of the deposit.
3. The rent
The amount of rent is agreed between both parties. Normally rent is monthly paid 7 days before the end of the month. On no account must the landlord ask for more than 1 month rent to be paid in advance. Payments should be made as stated in the contract.
Tenant shall receive a written receipt justifying that the rent has been paid, unless it is accredited by other means; e.g. proof of payment through bank transfer. Make sure you get these receipts or any proof of payment as these constitute an implicit contract.
During the first 5 years, rent will be increased or reduced according to the consumer price (inflation) index (Índice de precios al Consumo - IPC). After that period, rent will increase according to what both parties agreed when signing the contract.
Upon signature of the rental contract, tenants are required to pay the landlord a deposit (fianza) equal to 1 month rent payment, in order to guarantee that the property will be returned to the owner in the same state as before the occupation.
This deposit cannot be used to pay the rent to the landlord.
This deposit will be returned as the tenant moves out, assuming that the property is in good conditions.
After 5 years of rental contract, rental increase will require an increase of the deposit.
3. The rent
The amount of rent is agreed between both parties. Normally rent is monthly paid 7 days before the end of the month. On no account must the landlord ask for more than 1 month rent to be paid in advance. Payments should be made as stated in the contract.
Tenant shall receive a written receipt justifying that the rent has been paid, unless it is accredited by other means; e.g. proof of payment through bank transfer. Make sure you get these receipts or any proof of payment as these constitute an implicit contract.
During the first 5 years, rent will be increased or reduced according to the consumer price (inflation) index (Índice de precios al Consumo - IPC). After that period, rent will increase according to what both parties agreed when signing the contract.