Creative, legal and non-violent deposit recovery

Information and questions about the Law in Spain and Andalucia.
Superplonk
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Creative, legal and non-violent deposit recovery

Postby Superplonk » Mon Nov 03, 2014 11:02 am

I have just left a rented house after 8 very happy years. Every penny owed was paid on time, no damage was caused to the property, six weeks notice were given etc etc. The landlord has decided that the full two months deposit will just about cover the redecoration(NB redecoration not repairs) he wants to do.
Events are still fresh, so he still has a few days until I report him to Hacienda for underdeclaring the rent and then denounce him for theft. I would of course like to recover the money, but I am not prepared to spend years in legal hell as I have more interesting ways to spend my life.
Does anyone have any success stories in this field that they could share?

Manchesteral
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Re: Creative, legal and non-violent deposit recovery

Postby Manchesteral » Mon Nov 03, 2014 12:06 pm

I'm sorry to say but it looks as though your deposit is lost.
I know of a number of people who have been through the same situation.
It's a fact that most lessors in Spain (usually Spaniards) have no intention of refunding rental deposits, they know that it's a long and wearying, not to say expensive process to retrieve your money through the judicial system (ha, that's an oxymoron in itself) and they will always find some excuse to not refund.
These are not isolated incidents, it's a pretty common practice, the only thing I suggest in order to reap some kind of satisfaction from this is to report him to any and all authorities you think may be interested in his financial affairs.
I have a friend from Sweden who winters every year for 5 months in Gran Canaria, he was caught with this on his virgin trip there some years ago, this is how he deals with it now:
He makes it known that he is NOT prepared to leave a cash deposit but IS prepared to pay three months rent upfront with the proviso that the lessor/landlord can inspect the premises 2 months before the rental period expires any small problems can be dealt with at that stage, should there be any major dispute it is then the landlords responsibilty to go to court and sort it.
He's (my friend) been employing this method for the last four years now and apparently it works well, the thought of a couple of grand up front is enough to satisfy the landlord .

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patricia
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Re: Creative, legal and non-violent deposit recovery

Postby patricia » Mon Nov 03, 2014 6:04 pm

That has been going on for so long now it is time that the Spanish authorities put a deposit scheme in place, so unfair to pay the rent on time and look after the property and then get someone like that who does not return the deposit. Miserable so and so. Good way of doing it though to pay rent up front only way to go also denounce him for not declaring it and make it known where the property is etc. Should not be allowed.
Torrox Costa "El mejor clima de Europa"


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