The Landlord/Landlady wouldn't return de DEPOSIT

My Landlord/Landlady wouldn’t return my deposit

If this is happening to you, you are in the right place!

Allow me to share a personal anecdote that highlights the importance of thorough inspections when purchasing a house. Once, my family and I embarked on an exciting journey to buy our own house in New Jersey, close to NYC. We were filled with anticipation and eager to create a home of our own. However, in our excitement, we overlooked one crucial step - a formal inspection of the house. Little did we know that this oversight would come back to haunt us when it was time to sell the property.

Little did we know that this oversight would come back to haunt us when it was time to sell the property. As fate would have it, issues with the foundations of the house emerged, causing complications during the selling process. It was a valuable lesson learned, and it made me acutely aware of the challenges that can arise when navigating unfamiliar territory, especially in a different country.

Now, as a lawyer and a native of Barcelona, I want to share my knowledge and experiences to save you from similar hardships. Renting an apartment in Barcelona can be an incredible experience, but it's essential to approach it with caution and awareness.

Almost every week, I have clients sharing the same painful words: "I left an apartment, and the landlord is not returning the deposit." To help you avoid such situations, here is an important to-do list before and after renting an apartment:

☀ Read the lease contract thoroughly, checking for extra fees, minimum stay requirements, and responsibilities. If necessary, consult with an expert who can provide valuable insights and guidance.

☀ Understand the difference between long-term and short-term contracts. Long-term contracts offer more protection under the law and exempt you from paying the agency's commission, as per the latest regulations. These contracts provide the right to stay for up to 5 years, with a minimum stay of 6 months (according to some Court Sentences). Some owners ask for a year 's minimum stay though.

☀ Take detailed photographs or videos of the apartment's condition when you move in. This will serve as evidence in case of any disputes regarding damages or deposit returns. Send them by email to the owner or person in charge, even if you dont need them to be fixed.

☀ Keep a record of all communication with the landlord or rental agency, including emails, messages, and any agreements made. This documentation can be crucial if conflicts arise.

☀ Upon moving out, thoroughly clean the apartment and make any necessary repairs to ensure it is in the same condition as when you moved in. This will increase the chances of receiving your full deposit back.

☀ Request a final inspection with the landlord or agency present. Discuss any potential deductions from the deposit and try to reach a mutual agreement. Sign it for both parts.

☀ If the landlord refuses to return the deposit without valid reasons, seek legal advice or consult with a professional who specializes in rental disputes. They can guide you through the necessary steps to resolve the issue.

By following these steps, you can protect yourself and increase the likelihood of a smooth and fair rental experience in Barcelona. 


Mercedes Salvador




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