# Problem with landlord and deposit



## nikg (Apr 30, 2013)

Good morning guys,

i need your advise on this. When i moved to Spain i found a house and signed a 6 months agreement with the owner, but i told him that that we might leave earlier (just had to find a house quick so my family could come afterwards).

Well the contract is over on December 30 and i have already informed the owner that we are we plan to stay just for a few days in December (maximum 5)and then we are moving to the new place. So i told him to keep the deposit for those 5 days and for any bills. Even if we were going to stay till the end i am sure that this guy wouldn't give us back the deposit because he is like because he is no different from Scrooge...

Now the best part. He threatens to get me to the court for not paying him last months rent. He says that is clear in the contract that i should pay the rent and then get the deposit back, minus bills etc. 

I know that he is not paying taxes for the rent i pay him, because when i asked for receipts he said if i want receipt the rent would be higher and he wanted cash only because he didn't want this money to show as income. Same for the rest of the flats he is renting. So if he goes to the court what is he going to say? That we were staying in his flat but he was not declaring the income and not giving receipts?

Now my question is since he is not giving me receipts for the rent, he is hiding income, not paying taxes for the rent can he do something like that? i Just need to take my family and get away form this stupid guy.

Sorry for the long thread..:help:


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## snikpoh (Nov 19, 2007)

Normally I would say (as a landlord myself) that you can NOT use the last month's rent in the way that you want. The deposit is SOLELY to repair any damage done whilst you were renting - and nothing else.

However, in this case I think you are probably at fault in that you did not give the landlord the required 30 days notice (or did you - from what you've written I suspect not).

As to his threat about going to court - he simply won't! The system is too complex and, as you say, he has more to loose.


From what you've written, I can't see how you've got such a 'downer' on the landlord. What else has he done to give you this opinion of him? He's simply renting you a property. OK, he should be declaring his income etc. but isn't that all that he's doing wrong?


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## xabiaxica (Jun 23, 2009)

oh dear - I just wrote a long reply on another thread about deposits.....


in this case I can't actually see why the OP would expect the deposit back, unless a full month notice was given in writing


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