# rent deposit quandry...



## lakstar (Sep 25, 2009)

Hi, i'm having trouble with my landlord who doesn't want to give me back my deposit when i move out- anyone know or have suggestions about how i can get it back? or what recourse i have?
technically i'm an 'illegal' resident, he's subletting the flat to us, so i'm not on the tax system. and don't have any legal re-course - no contracts were signed- only a verbal egreement.

thanks


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## xabiaxica (Jun 23, 2009)

lakstar said:


> Hi, i'm having trouble with my landlord who doesn't want to give me back my deposit when i move out- anyone know or have suggestions about how i can get it back? or what recourse i have?
> technically i'm an 'illegal' resident, he's subletting the flat to us, so i'm not on the tax system. and don't have any legal re-course - no contracts were signed- only a verbal egreement.
> 
> thanks


neither of you seem to have any legal recourse

have you paid the final month rent?

is it it equal to or more than the deposit?


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## jojo (Sep 20, 2007)

lakstar said:


> Hi, i'm having trouble with my landlord who doesn't want to give me back my deposit when i move out- anyone know or have suggestions about how i can get it back? or what recourse i have?
> technically i'm an 'illegal' resident, he's subletting the flat to us, so i'm not on the tax system. and don't have any legal re-course - no contracts were signed- only a verbal egreement.
> 
> thanks


I had the same problem and apparently its a common one. There is the option of not paying your final months rent, altho not entirely legal, neither is withholding your deposit?????

Apart from that, its not easy, you could threaten to go to the courts which will mean he'll be discovered for tax fraud, but its a long, laborious and costly process and it really would only be a bluff on your part, and of course he could claim that you damaged his property and therefore he used the deposit (the reason we pay deposits in the first place??) and with no valid contract???? I'm not sure you have much hope I'm afraid?

Jo xxx


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## lakstar (Sep 25, 2009)

xabiachica said:


> neither of you seem to have any legal recourse
> 
> have you paid the final month rent?
> 
> is it it equal to or more than the deposit?


Hi, it is equal to. and aside from getting devious(which i don't want to do) i don't know what to do- he is being unreasonable in this regard


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## jojo (Sep 20, 2007)

lakstar said:


> Hi, it is equal to. and aside from getting devious(which i don't want to do) i don't know what to do- he is being unreasonable in this regard


Is he being devious?? It depends on the state in which you've left the property and the things in it. Its not unusual for landlords to keep the deposit cos very often they simply dont have it! If you havent paid your last months rent and you're confident that you have left the property in the same condition in which you found it (photographs may help??) then that seems to be your only recourse!

Jo xxx


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## lakstar (Sep 25, 2009)

thanks for your comments- all is in order with regard to poroperty and it still being in orig condition. Unfortuanately rent is paid and i have no option to stay an extra month- to 'spend' the deposit. oh well thought i'd ask i guess i write it off as experience...


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## mrypg9 (Apr 26, 2008)

It seems common practice here amongst Spaniards and others not to pay the last month's rent. Our lcurrent andlord advised us not to pay the last month for our former property.
After all, what can the landlord do that might not cost him/her more than the rent?


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## djfwells (Sep 28, 2009)

Chances are that if he is sub-letting to you , that he is in breach of his contract with the Building's owner. Try and ask your neighbours who the owner of the Building is and then mention to your " Landlord " that you will take the matter up with the Owner of the Building unless you can arrive at an amicable decision between yourselves.
Snip /


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