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Rental Deposits - is there a legal requirement...

Rental Deposits - is there a legal requirement...

Old May 11th 2009, 1:12 pm
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Default Rental Deposits - is there a legal requirement...

...for the landlord/owner of a property to keep said deposit in a bank account and under no circumstances draw on that money until the tenancy period has been completed? Is there anyone who can recommend a Spanish website I could refer to, please? Thanks.
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Old May 11th 2009, 2:40 pm
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Default Re: Rental Deposits - is there a legal requirement...

Originally Posted by Negada View Post
...for the landlord/owner of a property to keep said deposit in a bank account and under no circumstances draw on that money until the tenancy period has been completed? Is there anyone who can recommend a Spanish website I could refer to, please? Thanks.
wouldnt of thought there was any law to say that and how would anyone be able to check other than seeing their bank statements ? ......as long as you get it back at the end of the tenancy what difference does it make what the landlord does with it in the meantime ?
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Old May 11th 2009, 3:12 pm
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Default Re: Rental Deposits - is there a legal requirement...

Originally Posted by spain View Post
wouldnt of thought there was any law to say that and how would anyone be able to check other than seeing their bank statements ? ......as long as you get it back at the end of the tenancy what difference does it make what the landlord does with it in the meantime ?

Yes, but you don't actually know that, do you, so why bother posting an irrelevant comment? I'm reseaching "Ley de Arrendamientos Urbanos" because I'm not sure that my landlord has the intention of returning my deposit and I want to garner ACTUAL FACTS to ascertain my rights.
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Old May 11th 2009, 3:20 pm
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Default Re: Rental Deposits - is there a legal requirement...

You could try asking ARLA if there is a Spanish equivalent

http://www.arla.co.uk/contact/default.aspx
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Old May 11th 2009, 3:24 pm
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Default Re: Rental Deposits - is there a legal requirement...

A quick google for Ley de Arrendamientos Urbanos will soon find the law which appears to suggest, (Disposición Adicional Tercera) that this is up to the Com. Aut.

Still, since you're researching the Ley de Arrendamientos Urbanos, you will probably have already done this, found this, in which case I apologise for offering an irrelevant comment.

If you want ACTUAL FACTS it seems to me you will have to find out what the norm is in your particular Comunidad Autónoma.
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Old May 11th 2009, 4:15 pm
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Default Re: Rental Deposits - is there a legal requirement...

Originally Posted by Negada View Post
Yes, but you don't actually know that, do you, so why bother posting an irrelevant comment? I'm reseaching "Ley de Arrendamientos Urbanos" because I'm not sure that my landlord has the intention of returning my deposit and I want to garner ACTUAL FACTS to ascertain my rights.
no youre right I dont know...also thanks for the pm....would like to point out that Im not an "ass" !!!!!!!!!!!!!!!!!!!!!!!!!

I was just putting it to you......how would anyone be able to check that their deposit hadnt been touched other than demanding to see the bank statements

anyway, good luck with your research if you dont want peoples opinions/views dont bother going on chat forums......perhaps look for a forum where people can only post ACTUAL FACTS
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Old May 11th 2009, 4:25 pm
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Default Re: Rental Deposits - is there a legal requirement...

I can't believe that any landlord would allow his property to be rented for a long let.

I have two properties which I let out for holiday rentals and whilst this can cause the occasional problem at least the renter does not acquire any rights over your property as with long lets.

I would rather my properties stand empty for months at a time rather than let some barrack room lawyer move in on a semi-permanent basis.

Perhaps you could add that to the results of your research!
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Old May 11th 2009, 5:39 pm
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Default Re: Rental Deposits - is there a legal requirement...

Originally Posted by Negada View Post
...for the landlord/owner of a property to keep said deposit in a bank account and under no circumstances draw on that money until the tenancy period has been completed? Is there anyone who can recommend a Spanish website I could refer to, please? Thanks.
The simple answer is that there is a legal requirement for the deposit to be lodged;

"...y la depositara en papel de fianza de la conserjería de economía y hacienda de la generalita valenciana."

Howver, in practice, I'm sure no one does this!
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Old May 11th 2009, 6:16 pm
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Default Re: Rental Deposits - is there a legal requirement...

There are loads of long term rentals on the coast. The problem is as far as I know is that Landlords in Spain rarely give back the deposit. They find all sorts of excuses to keep it.

In the UK it is a different story it has to be held in a seperate account with the Deposit Scheme which is Government based, but here different story
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Old May 11th 2009, 6:48 pm
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Default Re: Rental Deposits - is there a legal requirement...

Originally Posted by surreygirl View Post
The problem is as far as I know is that Landlords in Spain rarely give back the deposit. They find all sorts of excuses to keep it.
I'm in my 4th long term let in Spain. On all three previous occasions I've had the deposit back in full.
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Old May 11th 2009, 7:58 pm
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Default Re: Rental Deposits - is there a legal requirement...

There is a law to say it is supposed to be held by a third party and the tenant can claim the held deposit against his tax.
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Old May 11th 2009, 8:01 pm
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Default Re: Rental Deposits - is there a legal requirement...

Originally Posted by surreygirl View Post
There are loads of long term rentals on the coast. The problem is as far as I know is that Landlords in Spain rarely give back the deposit. They find all sorts of excuses to keep it.

In the UK it is a different story it has to be held in a seperate account with the Deposit Scheme which is Government based, but here different story
I agree about unscrupulous landlords ... we lost a 600 euro deposit in Sevilla, but our gestor advised us that although we were in the right, and should have had it returned, there was nothing to be done, as a denuncia would have involved court, and would have cost more that we were seeking to reclaim (flights back to Spain from UK etc) ... and the guilty party obviously knew that!
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