# Fianza my rights



## zabriskie (Jan 16, 2014)

Hi, I'm owed 250e fianza after leaving after 3weeks of uncomfortable living conditions in an apt in Ibiza during December 2013.

When I paid the fianza upfront by bank transfer he confirmed by email stating that if I left before April he'd keep the fianza which I never agreed to.

When I arrived his friend had moved in which now made it 4 (originally advertised as 3 people including me) people staying at the flat. His friend was the reason I left as he was volatile.

We agreed I'd leave (on christmas eve) as it was an uncomfortable situation. I said I'd help him advertise online to find someone new to take the room and I'd pay the remaining rent til the end of December, gastos included but when he sent me the online link, I noticed he had raised the rent by 50e making it more difficult to find a lodger at this time of the year.

It's now mid January and I do believe he's looking to keep all of my fianza.

Do I have any rights and what should I do to get the balance back?

Thanks in advance.


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## Alcalaina (Aug 6, 2010)

Well, if you don't have it all spelled out in a contract I'm not sure you stand much chance of getting the money back. You could issue a denuncia but it's just your word against his that you didn't agree to waiving it if you left before April.


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## Alcalaina (Aug 6, 2010)

Some tips here.

Renting in Spain: how to survive and thrive - The Local


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## xabiaxica (Jun 23, 2009)

Alcalaina said:


> Some tips here.
> 
> Renting in Spain: how to survive and thrive - The Local


that's a very good article - I'm not at all sure how the LAU applies to flatshares though, which it seems this was

if renting a property then yes, the fianza _should _be returned (though more often than not they find a way not to  )

also - what sort of contract was it - how long for?


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## CapnBilly (Jun 7, 2011)

xabiachica said:


> that's a very good article - I'm not at all sure how the LAU applies to flatshares though, which it seems this was if renting a property then yes, the fianza should be returned (though more often than not they find a way not to  ) also - what sort of contract was it - how long for?


My reading of the law is that a flat share is covered, providing you are leasing from the landlord, or if it's a sublet, then the original lessor has permission to sublet. The terms are then based on the original lease. Clearly, as said it depends on what you agreed, hopefully in writing, but, in any case, a verbal contract is still a contract, although more difficult to prove who said what and when. So setting aside the other tenant, then if you signed a contract, you are obliged to stay 6 months before cancelling, or if you leave before then you are theoretically contractually bound for 6 months. 

Having said that you can terminate the lease under clause 27.3

3. Del mismo modo, el arrendatario podrá resolver el contrato por las siguientes causas:

a) La no realización por el arrendador de las reparaciones a que se refiere el artículo 21.
b) La perturbación de hecho o de derecho que realice el arrendador en la utilización de la vivienda.


Based on what you say, it would seem that it may fall under b). 

Having said that, I still think you will find it difficult to get your deposit back.


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## snikpoh (Nov 19, 2007)

CapnBilly said:


> My reading of the law is that a flat share is covered, providing you are leasing from the landlord, or if it's a sublet, then the original lessor has permission to sublet. The terms are then based on the original lease. Clearly, as said it depends on what you agreed, hopefully in writing, but, in any case, a verbal contract is still a contract, although more difficult to prove who said what and when. So setting aside the other tenant, then if you signed a contract, you are obliged to stay 6 months before cancelling, or if you leave before then you are theoretically contractually bound for 6 months.
> 
> Having said that you can terminate the lease under clause 27.3
> 
> ...




Why? 

Legally they must get the deposit back. The deposit is ONLY held to repair any damages. It is not held to pay of any unpaid rent!

However, looking at this pragmatically (and not legally), I can see why the deposit may be withheld if the landlord believes that more rent is due.


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## CapnBilly (Jun 7, 2011)

snikpoh said:


> Why?
> 
> Legally they must get the deposit back. The deposit is ONLY held to repair any damages. It is not held to pay of any unpaid rent!
> 
> However, looking at this pragmatically (and not legally), I can see why the deposit may be withheld if the landlord believes that more rent is due.


I agree with what you say, but, thats my exact point as to why they're unlikely to get the deposit back. So potentially you could end up going to law to try and get your deposit back, and would win, whilst at the same time, being chased for 4 months rent, which you counter with the change in circumstances.

So, it all depends on the contract. Lot of hassle. Hence my pragmatic comment (like yours) at the end.


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