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Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

Old Nov 28th 2008, 2:12 am
  #16  
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Smile Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

Ho hum! All that this link says is:

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 is not the same thing as saying that it is illigal to pay 2 months deposit, it is simply quoting one particular set of circumstances where the deposit agreed is 1 month!
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Old Nov 28th 2008, 3:47 am
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Default Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

Originally Posted by pmitchell
Ho hum! All that this link says is:

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 is not the same thing as saying that it is illigal to pay 2 months deposit, it is simply quoting one particular set of circumstances where the deposit agreed is 1 month!
You believe what you like, but my view is an abogado does not put text in bold unless it has a specific meaning in the laws of Ley de Arrendamientos Urbanos
I think he is giving the requirements that are within the law.
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Old Nov 29th 2008, 4:10 am
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Default Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

I won't labour the point, I am not an Abogado but I do have a Masters in Commercial Law, its not what it says that is in dispute, it is what it means in law. Final comment from me, so lets draw the line and agree to disagree.
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Old Nov 29th 2008, 5:55 am
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Default Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

Originally Posted by pmitchell
I won't labour the point, I am not an Abogado but I do have a Masters in Commercial Law, its not what it says that is in dispute, it is what it means in law. Final comment from me, so lets draw the line and agree to disagree.
i think the owner can ask the tenat to do the payment of one, two, or whatever he wants. Even, almost all owners want a bank guarantee for even six months rent. Anything the owner write in the rental agreement and the tenant signs has to be carried out.
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Old Nov 29th 2008, 6:10 pm
  #20  
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Default Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

The legal interpretation is clearly that a month´s deposit is required as a legal minimum. It says nothing about a maximum. If the contract says two months' or even a year´s deposit, this is perfectly legal as long as you agree to sign it. I had a quick look at the Ley de Arrendamientos Urbanos as mentioned by jdr and they back this up. http://noticias.juridicas.com/articu...fianza_au.html
If in law for example, you have to pay a bill on a certain date, there is nothing to stop you paying before that date. If in law, you have to pay €10 for something, there is nothing to stop you paying more if you want. In the same way if in law, a month´s deposit is required, there is nothing to stop you from agreeing to pay for two instead.
I agree entirely with pmitchell's interpretation as I think you´d find any lawyer would.
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Old Dec 3rd 2008, 1:58 am
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Default Re: Paying 2 months rent as security deposit - is it this legal or illegal in Spain?

This refers to a short letting contract as it was mentioned it was a 9 month contract so the clauses are set my the owner and renter and they are not ruled by the LAU, so indeed is possible to sign 2 months for a deposit for a short letting contract , is also quite common to ask for an "aval bancario" to cover the rent of at least 6 months, but that is most common in large cities.......legaly you are only entiteled to 1 month deposit for a long letting contract but you can ask for aditional deposit(different from the dammage deposit)... or for an "aval bancario" or deposits unther other concepts.....at the end of the day is quite normal to ask for 2 months as there is being the case of people abusing by not paying the last months rental and just saying...take it from the deposit.....so owners to be covered prefere to ask for 2 months for security
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