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José M.
José M., Attorney
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Satisfied Customers: 4804
Experience:  Spanish Attorney
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We have just left an apartment having lived there and paid

Resolved Question:

We have just left an apartment having lived there and paid rent of 800E a month regularly and on time for over 4 years. The flat was unfurnished and we left it clean, painted and empty. However, now the landlord is refusing to pay back our 'fianza' because
a) costs for putting batteries in the alarm which we have never used or been shown how to use
b) wanting to charge us IPC retrospectively which they say amounts to over 500 Euros.
I understand that IPC cannot be charged retrospectively (even though the contract seems to indicate that it can). In reality, rents have been going down dramatically because of cuts in wages.
The landlord, not a third party, holds the money and the agent says there is little we can do, but it might be worth contacting alawyer or negotiating through the 'Juez de Paz'.
In any case, I feel the landlord is just trying to hold on to our money with very little real justification, just because they can. What's your advice?
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi there

Attorney3044 :

The landlord has right to keep the fianza but he has to probes all the damages he wnats to charge us with

Attorney3044 :

Some cost you are talking about are really yours, like the batteries of the alarm if they were all right when you get there

Attorney3044 :

But he has no right to charge the IPC retrospectively because he has to demand it in advanced,

Attorney3044 :

The way to solve your problem its to check if there its an instituto de la vivienda

Attorney3044 :

in your place or similar

Attorney3044 :

The instituto de la vivienda ( example in Malaga http://saic.malaga.eu/portal/menu/portada/portada Madrid http://www.madrid.org/cs/Satellite?cid=1207574901656&language=es&pagename=PortalVivienda%2FPage%2FPVIV_listado )provides you free ways to solve problems like you got

Attorney3044 :

Juez de Paz has no chance to help you

Attorney3044 :

Another way to fight its in AEAT spanish tax oficce where you can denounce him if he was no declaring the money you paid

Attorney3044 :

Check if you got close to you an instituto de la vivienda and go there for help

Attorney3044 :

I repeat its easy and cheap to get help and to fight for an agreement with the landd lord

Attorney3044 :

If you tell me where you are I wil be glad to help you looking for it

Attorney3044 :

Thank you

Customer: Yes
Customer: The landlord has incurred no costs whatsoever during our 4 years as we have paid for everything including decorating the inside and outside the flat.
Customer: I have no way of knowing if the batteries were working but as I said, no one showed us how to use the system so we were unable to do so. The landlord has only been in contact with
Customer: us once over the duration when the boiler stopped working.
Customer: I would consider the denunciation solution if it was relatively easy and not too expensive, as I think that could be a real problem for the landlords, especially if they have other properties.
Attorney3044 :

Well, the cost of the batteries may be you have to admit it

Attorney3044 :

But no overcost for IPC´s

Customer: I have some photos of how we left the property in good condition - their contention is that there is a lot of repair work to do, but haven't said what apart from the alarm.. Also they want
Customer: to charge of 8 hours cleaning which seems excessive for a relatively clean empty flat. It hadn't been cleaned for months before we moved in and was full of dust.
Attorney3044 :

If you got the probes it will be harder for him to support your denounce

Attorney3044 :

Denounce him to the instituto de la vivienda and in AEAT

Customer: Forums that I have looked at say that it is common practice for landlords to with hold the deposit, especially from foreign tenants, because they do not know how to handle the Spanish legal system. The same would not happen to a Spanish tenant. I want to make sure I don't fall into that category!
Attorney3044 :

maybe if you just threat him to do it he will give your money back...

Attorney3044 :

You are not going to fail, for sure you are going most of your money

Customer: Yes, I have drafted an e mail saying that failing an amicable solution , we would have to consider an official denunciation.
Attorney3044 :

Thats the way...

Attorney3044 :

To try an arregment and if not possible to denonuce him

Customer: We live in Godella and the property is in Massarrochos in the province (and town) of Valencia. code 46110. Do you know where the nearest instituto de la vivienda is?
Customer: Also, what do you mean by 'arregment' , how is it different from a denunciation?
Attorney3044 :

I will check...

Customer: In your experience, are tenants successful if they challenge their ex landlords? Do you have similar cases where you practice law?
Attorney3044 :

Yes they are

Attorney3044 :

The land lords ussually do not wants problems so they refuse to keep the money when you fight your rights

Attorney3044 :

Best this second link

Attorney3044 :

As long as we refuse an agreement treah him to denounce him

Attorney3044 :

He will make the arregment for sure

Attorney3044 :

Her has no right to keep your money for revaluation of IPCs

Attorney3044 :

Fianzas its not for that

Attorney3044 :

Please to make a good rate of my service

Attorney3044 :

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4804
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you
Expert:  José M. replied 1 year ago.
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