Hi all,

I’m a little confused :S

I was reading through a legal site about renting properties etc when I stumbled upon a statement that the landlord can only charge one months rent in advance, plus a deposit amounting to 1 months rent.

I have seen countless agents advertising that they charge NO FEES yet expect one months rent in advance plus a deposit amounting to two months rent in advance!

How is this legal if they clearly state in their adverts that they don’t charge fees?

Can they be forced to lower the deposit requirement? Surely no one pays that! Anyone knows if you shop around enough there isn’t a requirement for two months deposit plus the standard months rent, I’ve even heard of many cases where no deposit has been required at all!

I hope someone can shed some light on this 😊

Thanks

Emma and Luke

In Spain anything other than one month deposit and one month rent in advance is illegal. So you can refuse to accept those terms but, of course, the agent/landlord would then not let you have the property. If you really want the property then sign the agreement, then, when you have moved in, sue the landlord for the relevant money back. This takes time and would not ingratiate you with the landlord or agent. Best solution, look for a reputable landlord/agent who plays by the rules.

MMMM Interesting I thought that 1 Month Deposit one month Rent in Advance was totally legal (This was done in UK) as your 1st month was always paid?

I know the Estate agents are trying this 3 months thing 1 month deposit one months rent in advance and 1 months fee (Estate Agent Fee)... This was scrapped as to many people Complained of the high fees so there trying this one now:-

2 months deposit and 1 months rent up front this is also illegal as there is no guarantee you get the 2nd deposit back….

Just always remember that there is So many Houses Apartments etc for rent so they really couldn?t give 2 shades of a feck if your bothered? as there is plenty of people that take it?.

Spain is good for making laws Just Shite at Policing them! Courts are Full to the Brim of Cases needing to be heard hence why people flout these laws!

MAC31 - 09 August 2009 04:38 PM

MMMM Interesting I thought that 1 Month Deposit one month Rent in Advance was totally legal (This was done in UK) as your 1st month was always paid?

That’s correct

Yes Mac one month’s rent and one months deposit is legal, there are some wanting 2 months deposit and 1 months rent upfront which is what I’m querying. Problem is it’s finding a prop that isn’t under one of these scamming agents, its harder than it looks you know! I’ve been looking ages now yet all of them are asking for the ‘illegal’ 2 months deposit plus a months rent. It’s blooming infuriating let me tell you!

Where are you looking ?

Emma and Luke - 09 August 2009 04:52 PM

Yes Mac one month’s rent and one months deposit is legal, there are some wanting 2 months deposit and 1 months rent upfront which is what I’m querying. Problem is it’s finding a prop that isn’t under one of these scamming agents, its harder than it looks you know! I’ve been looking ages now yet all of them are asking for the ‘illegal’ 2 months deposit plus a months rent. It’s blooming infuriating let me tell you!

This is Illegal and once you confront the Agency with this… See how it turns out you may be told to F off or they may back down…

I live now in La Linea They tried this with me…. They Paniced when I said well this is illegal I have to make enquirys…
The 2nd Deposit is not for the Landlord only its for the agency…

I always see these things as tests to test weather they can walk all over you and in some respects own you?

Its test of Character I think… I always stand up to these Criminals so called Estate Agents all you have to do is look on the Tele and you see programs were the presenters go round with tennants to find property for rent… When the presenter asks the Estate agent a question you see them squirm they would sell you a house with no roof if they could or worse also the camera never lies…

Good luck Emma and Luke always stand up for your rights etc believe it or not I learnt this when I was in Catalonia for all those years watching a Catalan trying to be conned was awesome sight as they go bananas… but Madrid People are always Worse!

pepsi - 09 August 2009 05:07 PM

Where are you looking ?

What for properties?

If yes then I look in the Sur in English but with me wanting an inland property there aren’t many in there, hence why I need to find an agent. There are hundreds of unscrupulous characters out there and it’s hard to find the genuine ones :(

Mac, thanks very much for the input and thanks to everyone else that’s posted. Might start a one man (well, woman) crusade!

Mwuhahaha 😊

I think I have proffered my experience here before.. but here goes again…
I knew I would be asked to pay one month rent in advance, plus equal amount again as returnable deposit.

What I got caught out on/forgot - is the agent wanted a months rent fee for putting me in touch with the owner!
We had to swallow it but four years on we never dealt with the agent again and the landlady and I just re-sign the temporada year on year.  Thankfully we all get on well and we see this as our long term home.
But yes, it was a scam being forced to cough up such a large fee in the first place.