# What is legal deposit for an 11 month let please?



## Sarah Diggins (Feb 7, 2011)

Hello

We are about to rent a property for 11 months and have been asked for 2 months' rent as deposit (plus one month rent in advance, which is OK). 

However, I understood it was illegal in Spain to ask for more than 1 month's rent as a deposit.

Does anyone know what the truth is please?

Thank you


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## jojo (Sep 20, 2007)

Its not exactly illegal. they can ask whatever anyone will pay. But it should be one month deposit and you can refuse 2 months. 

Jo xxx


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## Sarah Diggins (Feb 7, 2011)

jojo said:


> Its not exactly illegal. they can ask whatever anyone will pay. But it should be one month deposit and you can refuse 2 months.
> 
> Jo xxx


thanks Jo


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## thrax (Nov 13, 2008)

JoJo is correct and I believe I read elsewhere on here and it will no doubt be confirmed that the legal amount is 1 month. We were asked for 2 months until I pointed out that they were only entitled to 1 month. That's all we paid. If they ask for more than 1 month chances are you won't get one cent of it back at the end of the contract.


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## xabiaxica (Jun 23, 2009)

thrax said:


> JoJo is correct and I believe I read elsewhere on here and it will no doubt be confirmed that the legal amount is 1 month. We were asked for 2 months until I pointed out that they were only entitled to 1 month. That's all we paid. If they ask for more than 1 month chances are you won't get one cent of it back at the end of the contract.


yes


and what the OP has been asked for is the legal max

1 month rent in advance - you _always_ have to pay in advance


then 1 month rent as a deposit - which is legally required to be held in a holding account




though as all us renters know the agent will more than likely spend it & you'll never see it again


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## Sarah Diggins (Feb 7, 2011)

Thank you for this - do you know if there is a site (possibly in Spanish) that confirms this so I can show the agent as they are disputing this? It would help greatly to have proof!

Sarah x


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## jojo (Sep 20, 2007)

Sarah Diggins said:


> Thank you for this - do you know if there is a site (possibly in Spanish) that confirms this so I can show the agent as they are disputing this? It would help greatly to have proof!
> 
> Sarah x


The agents know, but if the owner is insisting on two months, then its down to negotiation. TBH, if its getting this difficult beforre you've even signed, I'd think twice before going any further.

TThe general rule is one month deposit, one month rent and one month (or half if you negotiate) finders fee. Its not usual to get your deposit back, so always tread carefully on that last months rental payment

Jo xxx


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## Sarah Diggins (Feb 7, 2011)

jojo said:


> The agents know, but if the owner is insisting on two months, then its down to negotiation. TBH, if its getting this difficult beforre you've even signed, I'd think twice before going any further.
> 
> TThe general rule is one month deposit, one month rent and one month (or half if you negotiate) finders fee. Its not usual to get your deposit back, so always tread carefully on that last months rental payment
> 
> Jo xxx


OK - actually the owners are lovely and I believe that if it's the right house for us, then the owners will accept our offer of just one month rent.

I have also seen we don't get our deposit back! I guess the owners see it as payment for the finders fee. 

Anyway, I am truly grateful for the support you have all given me in this forum - thank you so much!


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## xabiaxica (Jun 23, 2009)

Sarah Diggins said:


> Thank you for this - do you know if there is a site (possibly in Spanish) that confirms this so I can show the agent as they are disputing this? It would help greatly to have proof!
> 
> Sarah x


there is a link to the actual law on page 5 of the _useful links_ sticky thread at the top of the page


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## xabiaxica (Jun 23, 2009)

Sarah Diggins said:


> OK - actually the owners are lovely and I believe that if it's the right house for us, then the owners will accept our offer of just one month rent.
> 
> I have also seen we don't get our deposit back! I guess the owners see it as payment for the finders fee.
> 
> Anyway, I am truly grateful for the support you have all given me in this forum - thank you so much!


you are entitled to your deposit back unless you wreck the place/leave unpaid bills etc which use it up...............IME agents/owners who seem wonderful will suddenly turn into demons when you leave & decide that the couple of scratches to walls & broken plates will eat up the entire 1000€ deposit to put right

a finders fee is a totally different issue - & if it is indeed a finders fee, that needs to be stated on the contract

I wouldn't pay one as a tenant - the agents earn a cut from the rent every month & usually for doing nothing


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## Sarah Diggins (Feb 7, 2011)

xabiachica said:


> there is a link to the actual law on page 5 of the _useful links_ sticky thread at the top of the page


thank you - I'm sure this will be really useful but I am blind and just cannot see where it is! Also don't know what you mean by a sticky thread?


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## xabiaxica (Jun 23, 2009)

Sarah Diggins said:


> thank you - I'm sure this will be really useful but I am blind and just cannot see where it is! Also don't know what you mean by a sticky thread?




you're not the first to ask

what we are 'talking' on is a discussion 'thread'

a 'sticky thread' is one which we 'stick' at the top of the Spanish forum so that we don't lose it


the one you are looking for is called 'Spanish forms & other important info & links'

look on page 5 of that thread & you'll find the link


if you're still lost, let me know


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