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oliver reed

What happens if the landlord does not return the rental deposit?

What happens if the landlord does not return the rental deposit?

What happens if the landlord does not return the rental deposit?

The owner cannot keep the deposit but must deposit it with the relevant agencies if they are in an autonomous community where it exists. To return it to the tenant, you must request the repayment of the deposit from the corresponding body and pay it to the tenant within a maximum period of one month after the keys are returned.

If this takes more than a month, the tenant could claim interest, even requesting compensation through the courts and demonstrating the damage with evidence such as photos. Then, the return of the deposit will be in the hands of the judge.

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BAIL BOND

The deposit is a guarantee that the lessee (tenant) delivers to the lessor to ensure that the conditions agreed in the lease (rental) contract are met. 

The obligation to deposit the deposit belongs to the person who appears in the contract as the person or entity leasing, that is, the person or entity that assigns the property for lease.  

It is mandatory to deposit the deposits of:

  • The contracts signed as of September 26, 2015, of:
    • Lease of habitual residence (art. 2 of the LAU*): rental of the entire house for use as the habitual residence of the tenants.
    • Lease for use other than housing (art. 3 of the LAU*): seasonal lease, lease for professional activity, lease of housing when the tenant is a legal entity, lease of premises or lease of the industrial pavilion.
  • The revisions that are carried out as of September 26, 2015 of the contracts signed before this date.

  • Choosing the electronic channel as the communication channel implies having an electronic means of identification to access the notifications (it is not enough to have an email address).
  • It is not required to provide proof of payment of the deposit. The bank notifies us automatically.
  • It is not required to submit annexes to the contract in the following cases:
    • Rent changes while the deposit is not modified.
    • Extensions in the duration of the rental in the case of homes.
  • Informative: the tenant is obliged to pay the property transfer tax to the corresponding regional treasury, in turn the lessor to deliver the Energy Efficiency Certificate (valid and in force) to the tenant.

How much do I have to deposit as deposit?

  • Usual residence lease contracts: one month‘s rent.
  • Leasing contracts for use other than housing ( seasonal housing, premises or industrial pavilions ): two monthly rents. In the case of contracts with a duration of less than one year, the deposit will be proportional to the duration of the contract, always based on two monthly payments.
Categories: General
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