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-   -   Urgent legal question (https://britishexpats.com/forum/spain-75/urgent-legal-question-939621/)

breakfasttea Jul 21st 2021 9:23 am

Re: Urgent legal question
 

Originally Posted by IminSpain (Post 13031349)
well they’ll have to find her, I assume like UK there is a time limit on these actions, she’s just been posted to USA so good lick
with that! The fact that the deposit equals the rent outstanding and there was zero damage issues, she has photos of the day she left with a newspaper of that date! In each shot I suspect they are trying it on!

Given your attitude and light that she has taken flight I find this suspicious. Again, the landlord cannot legally take the security deposit as rental payment, unless pursued through legal means and judicial ruling. Any outstanding fees can also be levied against your daughter for failing her summons and wasting court time. With this said, In the end the security deposit will not cover the net cost of legal charge back fees, and the judge will rule in favour of the landlord. Is your daughter married? Anyone linked to her can and will be legally pursued, please ask her to get legal representation or pay the rent to avoid unnecessary additional cost and for her (and anyone linked to her ie. spouse, minor, Empadron, NIE, DNI, cohabitor) to be black listed on the bad renters list. Otherwise good luck to the Spanish prosecutors 👍🏼 It sounds very much like this is the course of action they’re taking. Really not worth the hassle at all! Surely if the security deposit is owed back without issue then crowd funding the rebt owed and just wire it back to all parties? I speak from experience also as I recently forced out of residence and had to pay an eye watering upfront fee to rent as I was British and they’re known for “jumping rental responsibilities”. Very little sympathy here.

IminSpain Jul 21st 2021 6:32 pm

Re: Urgent legal question
 

Originally Posted by breakfasttea (Post 13031575)
Given your attitude and light that she has taken flight I find this suspicious. Again, the landlord cannot legally take the security deposit as rental payment, unless pursued through legal means and judicial ruling. Any outstanding fees can also be levied against your daughter for failing her summons and wasting court time. With this said, In the end the security deposit will not cover the net cost of legal charge back fees, and the judge will rule in favour of the landlord. Is your daughter married? Anyone linked to her can and will be legally pursued, please ask her to get legal representation or pay the rent to avoid unnecessary additional cost and for her (and anyone linked to her ie. spouse, minor, Empadron, NIE, DNI, cohabitor) to be black listed on the bad renters list. Otherwise good luck to the Spanish prosecutors 👍🏼 It sounds very much like this is the course of action they’re taking. Really not worth the hassle at all! Surely if the security deposit is owed back without issue then crowd funding the rebt owed and just wire it back to all parties? I speak from experience also as I recently forced out of residence and had to pay an eye watering upfront fee to rent as I was British and they’re known for “jumping rental responsibilities”. Very little sympathy here.

cheers mate, delighted you got shafted ;-)

IminSpain Jul 21st 2021 6:42 pm

Re: Urgent legal question
 
I find many people on here, kind, open minded and considerate, however there’s a small group, possibly 20% that are, angry, embittered and judgmental, a little bit like the UK population, most decent caring folk, with a sprinkling of racist, small minded, ill educated gammons, IMHO 👍

VEDShappy Jul 22nd 2021 7:56 am

Re: Urgent legal question
 
And you know what's said about opinions....


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