# landord refusing to give deposit back



## sherry09 (Dec 13, 2009)

hi everyone, i wonder if anyone can tell me if my landlord is right or wrong to do this, he has said that upon me vacating the house i am renting from him he will keep my deposit for cleaning of the property, this was not stated in the contract. the house is unfurnished and is kept clean, i have even done one or two small repairs myself that needed doing before i moved in, the rent will be kept up to date whilst i am here, also i plan to remain here for the full length of the contract,
thanks all.


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## jojo (Sep 20, 2007)

sherry09 said:


> hi everyone, i wonder if anyone can tell me if my landlord is right or wrong to do this, he has said that upon me vacating the house i am renting from him he will keep my deposit for cleaning of the property, this was not stated in the contract. the house is unfurnished and is kept clean, i have even done one or two small repairs myself that needed doing before i moved in, the rent will be kept up to date whilst i am here, also i plan to remain here for the full length of the contract,
> thanks all.


Well here in spain its quite common for landlords to use any excuse not to pay back the deposit. The solution??? Dont pay the last months rent!!!

Jo xxx


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## John999 (Jul 6, 2009)

sherry09 said:


> hi everyone, i wonder if anyone can tell me if my landlord is right or wrong to do this, he has said that upon me vacating the house i am renting from him he will keep my deposit for cleaning of the property, this was not stated in the contract. the house is unfurnished and is kept clean, i have even done one or two small repairs myself that needed doing before i moved in, the rent will be kept up to date whilst i am here, also i plan to remain here for the full length of the contract,
> thanks all.


It is legal that. Whatever deposit you put down, (1/2/3 months rent), is the notice time you have to give him, before you release the property back to him. If you decide to leave early it is your problem, So whatever deposit you put down give him notice that you are leaving and that or them months are payed for. And i am sorry to say but in Spain works exactly the same way


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## sherry09 (Dec 13, 2009)

jojo said:


> Well here in spain its quite common for landlords to use any excuse not to pay back the deposit. The solution??? Dont pay the last months rent!!!
> 
> Jo xxx


hi jo
your right, ive been stung before too....in spain! at least i've been warned this time, i'll certainly take your advice, thanks xx


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## sherry09 (Dec 13, 2009)

John999 said:


> It is legal that. Whatever deposit you put down, (1/2/3 months rent), is the notice time you have to give him, before you release the property back to him. If you decide to leave early it is your problem, So whatever deposit you put down give him notice that you are leaving and that or them months are payed for. And i am sorry to say but in Spain works exactly the same way


hi john
so what you are saying is that it is alright for you not to pay for the last month you are there, as your deposit covers that, as long as you have given notice??


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## John999 (Jul 6, 2009)

sherry09 said:


> hi john
> so what you are saying is that it is alright for you not to pay for the last month you are there, as your deposit covers that, as long as you have given notice??


Your deposit is the guaranty of the landlord that you will not leave with a bill to pay. If you payed a month ahead, give him notice of when you are leaving and your last month rent is already payed for. That is a normal proceeder in Portugal and Spain, no mater if you are local or foreigner. If they only toke you a month deposit, you are lucky, cause half of the landlords take 2 or more


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## John999 (Jul 6, 2009)

Another situation is: in who's name are the utility bills???


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## jojo (Sep 20, 2007)

If the whole rental thing is done legally and above board, then the deposit should be placed in a special bank account (Its got a name but I cant remember it). But certainly, here in Spain its very often just an "informal" arrangement - ie., not declared to the tax man. So generally what seems to happen is that at the end of the tenancy agreement the landlord simply hasnt got the deposit???? Thats my take on it anyway

Jo xxx


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## omostra06 (Sep 11, 2007)

It depends on what deposit you gave him, normally here in Portugal landlords like a couple of months rent up front, this covers your first and last months rent, so if this is the case you would not get this deposit back as it makes up your last months rent. 
If however you have paid the rent up front and another deposit for damage, then the damage deposit can only be kept if there is damage, not for cleaning, 

properties have to be handed back in the same condition that you got them in, so as long as its the same when you leave you should get your deposit back.

all of these conditions/deposit/bill payments etc, should all be in the rental contract. if its not in the contract then its not legal. everything should be disscussed and agreed before you sign the contract and move in, 

I would make sure you get your deposit back, especially if the land lord has sprung this on you after you agreed the terms.


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## John999 (Jul 6, 2009)

Spain
A law passed in 1995 enables a landlord to take a security deposit with a rental contract, 
to offset against any damages. This is one month's rent for a house and 2 month's rent for a property for any other use. The deposit is called a fianza and should be lodged with an independent, third party such as an agent. It is often common practice for the landlord to hold the deposit himself but be aware that this gives him full control.

You will be surprised of what can be classified as damage by the landlord. The simple fact of putting a picture on a wall causes damage to the property, the screw or nail you use to do it will leave a hole on the wall when you leave. This is only a simple example of what the landlord can use against you. So the easy way to get your money back is let him know 30 days ahead that you are leaving and let him know that he can keep the deposit for that last month rent


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## John999 (Jul 6, 2009)

Hi sherry09
Found this website for you. It is in English and it has all about your situation

Renting & Housing | Legal guide provided by English-speaking Spanish lawyers with iAbogado, Spain

I do believe that your best bet still is trying to get your last month "free", or contact a lawyer


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## sherry09 (Dec 13, 2009)

omostra06 said:


> It depends on what deposit you gave him, normally here in Portugal landlords like a couple of months rent up front, this covers your first and last months rent, so if this is the case you would not get this deposit back as it makes up your last months rent.
> If however you have paid the rent up front and another deposit for damage, then the damage deposit can only be kept if there is damage, not for cleaning,
> 
> properties have to be handed back in the same condition that you got them in, so as long as its the same when you leave you should get your deposit back.
> ...


that makes everything so clear, thankyou so much for your information :clap2:


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## sherry09 (Dec 13, 2009)

John999 said:


> Hi sherry09
> Found this website for you. It is in English and it has all about your situation
> 
> Renting & Housing | Legal guide provided by English-speaking Spanish lawyers with iAbogado, Spain
> ...


thankyou john i will have a look at that, i presume the laws for spain and portugal are more or less the same then. thanks ever so much for your help


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## sherry09 (Dec 13, 2009)

jojo said:


> If the whole rental thing is done legally and above board, then the deposit should be placed in a special bank account (Its got a name but I cant remember it). But certainly, here in Spain its very often just an "informal" arrangement - ie., not declared to the tax man. So generally what seems to happen is that at the end of the tenancy agreement the landlord simply hasnt got the deposit???? Thats my take on it anyway
> 
> Jo xxx


thanks jo, i'm pleased with the replies i've had from you all, is'nt it terrible what they try to do, i'm not sure i will ever trust a landlord again!. when i arrived in portugal i stayed in a small unfurnished house while i looked for somewhere better, i was only there for four days but i agreed and paid the owner 200 euros for my short stay, he wanted a months deposit from me which i also gave him. after i moved everything out i went back and made sure it was all nice and clean, i handed the keys back to him at his home and he refused to give me my money. after doing some enquiries i have been told i have to go to the finances to complain and see if they can get the money back for me. i had to write a reciept out for him to sign when i gave him the money as he wasnt going to! any advice from anyone about that will be greatly appreciated too, i'm still fuming about it.  x


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## John999 (Jul 6, 2009)

sherry09 said:


> thanks jo, i'm pleased with the replies i've had from you all, is'nt it terrible what they try to do, i'm not sure i will ever trust a landlord again!. when i arrived in portugal i stayed in a small unfurnished house while i looked for somewhere better, i was only there for four days but i agreed and paid the owner 200 euros for my short stay, he wanted a months deposit from me which i also gave him. after i moved everything out i went back and made sure it was all nice and clean, i handed the keys back to him at his home and he refused to give me my money. after doing some enquiries i have been told i have to go to the finances to complain and see if they can get the money back for me. i had to write a reciept out for him to sign when i gave him the money as he wasn't going to! any advice from anyone about that will be greatly appreciated too, I'm still fuming about it.  x


Are you on drugs or what???? :confused2:
First you are staying until your contract is Finnish, then you only staid for 4 days :confused2:
This is supposed to be a serious forum for real info, we don't need idiots like you to take credibility out of the forum


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## yorkshire lass (Apr 18, 2010)

renting is as much of a hazard for landlords as it is for tenants. Often tenants do not pay the rent once they are in, and it is very difficult to get them out, Portugal is renowned for it. 
They leave unpaid bills, even if its in their own name, and such as EDP and water board will not put utilities back on until outstanding bills are paid, and they don't care who pays it, so landlord gets stuck with it. They leave damage and a mess, so I do have sympathy with landlords wanting to keep deposits. Of course not all tenants are the same, but there are plenty out there who make poor tenants, believe me I know!!!.


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