# Any advice to avoid scam for renting a flat from private owner?



## rronald_25 (Apr 6, 2014)

Hi guys,
I am about to sign a contract for a flat in Barcelona.
It is not an agency but straight from the owner.

Now what I would like to know is:
What documents should I sign / provide
What documents should the owner provide me
Do we have to involve a notary or lawyer for this; if yes, where can I do it (hopefully the inexpensive one)
The thing is, because the owner asks for 2 months deposit, and if it a scam I will lose €2400, and I heard in some countries this scam is quite common.

Thanx in advance


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## xabiaxica (Jun 23, 2009)

rronald_25 said:


> Hi guys,
> I am about to sign a contract for a flat in Barcelona.
> It is not an agency but straight from the owner.
> 
> ...


you don't need a lawyer, though you can sign in front of a notary should you wish to

a 2 month deposit isn't unusual for a long term furnished rental 

the contract should have the owner's NIF & your NIE/passport number, & there should be an 'energy certificate' & an inventory - & it needs to be in Spanish. If you don't speak Spanish get someone not connected to translate it for you 

there's a standard contract which you can look at & download in our http://www.expatforum.com/expats/sp...-living-spain/2725-faqs-lots-useful-info.html


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## rronald_25 (Apr 6, 2014)

xabiachica said:


> you don't need a lawyer, though you can sign in front of a notary should you wish to
> 
> a 2 month deposit isn't unusual for a long term furnished rental
> 
> ...


Thanks for your respond first of all.

I forgot to mention, the contract would only be for 11 months, I dont know why only 11

If I dont use a lawyer or a notary, will the contract binding?
I mean do I have to buy / put a stamp on it (I dont know how to say it, but in Indonesia if you do something, to make it legal binding you have to put some stamps)
Would it be better if I take picture of the landlord signing the contract?

Yes, I read normally the deposit is 1 month, so i will try to ask her to just do 1 month (maybe 2 months deposit is already incuding 1st months payment).

Someone say that the deposit must be put in the housing government so the landlord cannot use it. Is there a fee for that?

Also is there a fee for registration of the contract at Spanish Property Registry.

When the contract finishes, when will I get the deposit back?

Thanks again


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## xabiaxica (Jun 23, 2009)

rronald_25 said:


> Thanks for your respond first of all.
> 
> I forgot to mention, the contract would only be for 11 months, I dont know why only 11
> 
> ...


no you don't have to get any stamps or anything - though signing in front of a notary would give you peace of mind - & not cost much - & they would stamp it for you

yes there's a fee to have the contract registered - I don't know how much though - I don't know anyone who has bothered to do this (including me, & I rent) 

I don't know why some owners still use an '11 month contract'. It used to be that anything less than 12 months meant that it was easier for them to get the property back - but that all changed years & years ago - & with the 2013 law changes, they are totally pointless!


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## rronald_25 (Apr 6, 2014)

xabiachica said:


> no you don't have to get any stamps or anything - though signing in front of a notary would give you peace of mind - & not cost much - & they would stamp it for you
> 
> yes there's a fee to have the contract registered - I don't know how much though - I don't know anyone who has bothered to do this (including me, & I rent)
> 
> I don't know why some owners still use an '11 month contract'. It used to be that anything less than 12 months meant that it was easier for them to get the property back - but that all changed years & years ago - & with the 2013 law changes, they are totally pointless!


I must be paranoid because I watched so many BBC series like watchdog or something like that 

For registering to the housing government, putting the deposit & signing in front of notary, if the fee is cheap, then I will try to do that just to make it safe

Btw thanx for your prompt reply, will try to see what the landlord suggest, and if something smells not good, ill get back to this forum.


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## baldilocks (Mar 7, 2010)

You asked about getting your deposit back. I don't rent but from hearing others on here, getting your deposit back is a rarity (owner claims breakages, or other damage, smells, unclean, etc.), so most people don't pay the last month's rent.


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## snikpoh (Nov 19, 2007)

As a landlord, I would say "don't sign an 11-month contract" make it 12 month and make sure it references the LAU and that it is renewable for up to 3 years. The 'boiler plate' contract mentioned by @Xabiachica is a good starting point to make sure that everything is covered.

If you are concerned about getting the deposit back, get it reduced to I month by (as a suggestion) offering to pay 3 months rent up front.


By-the-way, 1200€ sounds a lot - is that normal in Barcelona?


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