# Getting my rented apartment deposit back



## Billy1664 (Nov 28, 2012)

I am moving out my apartment this sunday, I have gave my landlord 1 month notice and they have been fine but when I asked about the deposit he told me.
I don't have the deposit money. It is in Incasol, a goverment department that saves the deposit of rent until the contract finish. When we sign the final contract I send it to the Incasol and they give me the money in a period of 20-30 days. I have asked him to show a receipt from the Incasol government department to prove that the deposit is with them.

My question is has anyone had a similar experiance, does this sound right or is he trying it on to keep the deposit?


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## xabiaxica (Jun 23, 2009)

Billy1664 said:


> I am moving out my apartment this sunday, I have gave my landlord 1 month notice and they have been fine but when I asked about the deposit he told me.
> I don't have the deposit money. It is in Incasol, a goverment department that saves the deposit of rent until the contract finish. When we sign the final contract I send it to the Incasol and they give me the money in a period of 20-30 days. I have asked him to show a receipt from the Incasol government department to prove that the deposit is with them.
> 
> My question is has anyone had a similar experiance, does this sound right or is he trying it on to keep the deposit?


that is what is supposed to happen.... if he has lodged the deopsit there then he's doing the right thing - most landlords spend it & you never see it again for one reason or another

I'd wait & see - I think you might actually have a chance of getting it back


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## Overandout (Nov 10, 2012)

I have exactly this issue with my flat that I rent out through the Madrid Town hall scheme.

I, as landlord must lodge the deposit in the approved deposit recognised by the town hall. They undertake to return this deposit to me within 30 days of receipt of the resolution of the contract BUT they have made it very clear to me that this is incompatible with the law, which dictates that I must pay the tenant immediately, then I will have to wait for the reimbursement from the approved deposit account.

Contact your landlord and tell him that you are not bothered about him getting back the money he has lodged as the deposit. What you want is YOUR money which you paid HIM upon signing the rental agreement. 
You could always meet him half way and say that you are prepared to wait 15 days after resolution so as to share the "out of pocket" burden, which is ultimately a burden he suffers as a Landlord by having done things properly......

And they wonder why so many transactions in Spain are done under the table.... :frusty:


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## baldilocks (Mar 7, 2010)

Overandout said:


> And they wonder why so many transactions in Spain are done under the table.... :frusty:


or why so many people withhold the last months rent in lieu of not getting their deposit back.


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## jojo (Sep 20, 2007)

I've never had my deposit back and we've rented 5 properties so far. We simply dont pay the last months rental. But yes, in a perfect world the landlords are supposed to pass the money to Incasol for safe keeping - so who knows??? 

Jo xxx


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## Overandout (Nov 10, 2012)

If the tenant doesn't pay the last months rent, then the administration takes 30 days to return the deposit, the landlord goes 90 days with no income on the property.

If they have a mortgage on the propoerty this can be crippling.

I thank god that my tenants have never "just not paid the last month's rent".... Landlords, contrary to popular belief may not be sleeping on matresses full of used notes....


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## jojo (Sep 20, 2007)

Overandout said:


> If the tenant doesn't pay the last months rent, then the administration takes 30 days to return the deposit, the landlord goes 90 days with no income on the property.
> 
> If they have a mortgage on the propoerty this can be crippling.
> 
> I thank god that my tenants have never "just not paid the last month's rent".... Landlords, contrary to popular belief may not be sleeping on matresses full of used notes....



I'm sure you're doing everything legally - as you should, but I suspect you're rare. My landlords were all simply taking cash from us - or we were paying into different named bank accounts, which made it fairly obvious that we were "under the table" tenants.

Interestingly, due to me changing my back account I actually inadvertently didnt pay the last months rental on one property - I fully intended to give them cash to cover it, but when they came and inspected the property when we handed the keys back, they decided that we'd trashed it and told us that we wouldnt be getting our deposit back - hhmmm, so I told them they wouldnt be getting their last months rent!! 

By the way, I can assure you we most certainly didnt trash their property, we not only painted it for them (mainly to cover the damp on the walls), but I had professional cleaners in and it was immaculate! I'm actually a very house proud person 

Jo xxxx


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## snikpoh (Nov 19, 2007)

baldilocks said:


> or why so many people withhold the last months rent in lieu of not getting their deposit back.


... which is actually illegal but I understand why people might consider it.

What about the utility bills that are also, normally, left unpaid!

As a landlord, at the end of a contract, I almost always give the deposit back but am almost always SHAFTED with the final water and electric bills. By the time I can get a bill from Iberdrola or Egavasa, the tenant has long gone and cancelled all direct debits etc.


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