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José M.
José M., Attorney
Category: General
Satisfied Customers: 4904
Experience:  Spanish Attorney
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I am living in Barcelona. I moved in on September 10th and

Resolved Question:

I am living in Barcelona. I moved in on September 10th and gave one months rent and a one month deposit-€760 altogether (€380 by 2). I advertised that I wanted a double room with private bathroom. I found out after I moved in that that was a lie and everyone really uses it. They said in the emails "companeros de piso" and they are a husband and wife (landlady) and one other lodger. I have my own room and balcony but for €380 per month, I haven't even had my own personal shelf in the fridge or my own independent food shelf in the press. They've given out to me for having two showers per day which I do on occasion-after a run or before a night out and also obviously every morning as well. That's why I specified the double room with private bathroom. I used the oven two days in a row to cook ready made pizza and then lasagne and they gave out and told me to boil instead cas of the energy cost. The shower was cas of energy too. They've even asked me to contribute to the cost of the dishwasher tablets when 90% of the time, I wash my own cutlery after I eat on my own. I've never experienced such fussiness in my entire lifetime and I'm renting for nearly 10 years now. By mistake I used the dinner placemats during lunch and the landlord saw it and immediately interrupted my lunch and replaced the mat with the lunch placemat as if it were a serious mistake and such a thing should never happen under his roof. I've spent the vast majority of my time here in my bedroom because they are always in the lounge/sitting room next door and they gave me the impression that it was for them only. I've only spent 10 minutes there sitting down on my own on a very rare occasion that none of them were at home. It's noisy because the TV is always on and they hang out there til late and I'm on the other side of the room and they don't ever consider that at night. And I hear them talk about me all the time though they've denied it-more lies.

But the real reason I'm contacting you is that on September 19th (and I moved in on September 10th), I told them I wanted to move out and that I would do so on October 10th-which is 3 weeks notice. The landlady then told me I could leave earlier if I wanted. Then there was a discussion/debate/argument and now they want me out by September 30th (even though the landlady definitely said the rent would be collected on the 10th of the month) so that it'd be easier for the next tenant to move in. They want me out on September 30th and there not giving me my deposit back or the remainder of the €380 that I'd be entitled to as I wouldn't be staying the full month. How dare they.
We had a verbal agreement that I would stay until the end of January and that's it.

I can't wait to move out from the house of the greedy for money fusspots but what can I do. I need my €380 deposit for the next place and the €380 per month more I'd nearly prefer to stick it out until October 10th though location-wise it's not ideal.

They've no cop on as far as I can see and are blinded by there own greed as far as I can see. They live in a penthouse apartment like-the highest floor in an expensive area. They know that I'm a student and are just exploiting the situation for their benefit. I've tried negotiating with them but they seem to think that it's problem if they don't secure anyone else for the room and hence they're retaining the deposit. God help the next person that they do find is all I can say. I do hope they'll have a better experience than I've had.

What can be done about it?

Please help.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

José M. :

Hi there

José M. :

José magadán, spanish attorney

José M. :

You have two ways to defend your self

José M. :

The first one its to demand in court the deposit if they do not give you back at the time you go

José M. :

But this way its no good enought

José M. :

The second way its not to leave the propiety until they give you the deposit

José M. :

The idea its to leave there some cheap of your things and treth them not to leave the propiety until they pay the deposit back

José M. :

If they do not let you go in you could treth them to call the police for constarins

José M. :

They are in the worst position in this case, you can denounce them in the tax office also because I am sure they do not declare the money and its black money to the gobermet

José M. :

So, if you treath them to stay as they pay you back and treath to call the police if they do not let you go into they will have a hard problem

José M. :

Thats the way I recomend you, toi take out your propieties to the another room and left there only cheap things in order to asume they could stole something

José M. :

I am sure that if you play this way they will give your money back in no time

José M. :

I will be here if needed

José M. :

Thank you

José M. :

Please let me know how the matter goes on and I will keep on advice you

José M. :

Thank you

Customer:

Ok, thanks José

José M. :

Be sure that in the fight I am telling you to go in the worst part is for they for sure

Customer:

I think I've understood your response but is that the only way? What about the leaving dates. Would I be better off to hang on until October 10th and get all my money back

Customer:

Am, so you mean to threaten with the police is the better option legally? It seems a bit extreme..

Customer:

And you mean that legally, the law is on my side not theirs...

José M. :

You have to keep calm and tell them that you have been telling with your attorney and he has told you that they have to give your deposit back as the same time you go

José M. :

So, if they do not do it you will not go....

Customer:

Right ok. I hear ya

José M. :

If they try to change the key tell them you will denounce them for constrains

José M. :

may be its a no nice game but its the game you need to play

José M. :

They will be in a no way site, if they do not give your money back nobody coul get your room or you will denounce contraints

José M. :

But you have to leave there your clothes and some propieties, cheap ones.

Customer:

Ok, man I really hadn't envisaged all of this, you know José. In my near 10 year experience this is the worst by far. Greed is an awful thing and so is dishonesty. I have the email to say where the landlady said that I'd have my own private bathroom.. It's just been a nightmare

José M. :

Well you know, if they want to play hard you have to do it hard

José M. :

If you retreat now they will take advantge

José M. :

So, be rude with they and let them know you know to play hard

Customer:

I know. I hear ya. Don't get mad, get even or maybe get mad and get even. I know too that they will definitely take advantage if I do retreat.

José M. :

Talk about the tax office also, I am sure they do not declares the money earned

José M. :

thay will be in the worst position now

Customer:

What police exactly could I call that would be on my side for sure and not consider me wasting there time.. Are there two kinds of police in Barcelona or something. If they really were to have to come, God forbid who would you recommend?

José M. :

And in the future ask for a writting contract, ever

Customer:

Ya, I have my doubts that they are declaring their tax for me being a tenant here.

José M. :

Well, Only and only in the case they change the key and forbid you to go into, you can call the mossos de escuadra

Customer:

I hear ya and I nearly always have had a contract. And I was going to go via a letting agency but I figured it'd be cheaper to cut out the middle-person. But here I am chatting with an attorney all because I had no contract really

José M. :

As long as you could get into your room the police has here anything to do

Customer:

The mossos de escuadra ok and can they be called on 112? Yeah I mean I've had no key to my room and they said they'd put up a curtain for privacy-as it's a transparent stained glass window but that was another lie. Along with the fact that they've no bin in the bathroom and they said they'd put one there-it's a normal thing like. I put a plastic bag there for my stuff but the house of the fusspots removed it and twas then I found out for sure that they all use it and apparently didn't want to see my clensing face wipes in the bag and so this is the only bathroom I've ever been in or house that I've rented where I've had to use the bin in my own bedroom for what should go into the bathroom bin

José M. :

Yeah its a problem, without a contract the legal security is reduced to minimun

Customer:

I guess I should be grateful for the bin in my bedroom.. That was a late addition

José M. :

I recomend you to ask for a legal contract ever

José M. :

As you write exactly what you want and demand in contract you will be sure to get it...

Customer:

Good advice José and I'll definitely take it on board for the next time. Once bitten, twice as shy..

Customer:

So re. the dates. Do you think that I should hang on until October 10th?

Customer:

I think if I moved September 30th it'd mess things up entirely re. the months rent that I've paid.. I really don't want to stay here until October 10th but I don't want to loose out either. I did give them 3 weeks notice like. It's as much as I could and the circumstances are exceptional

José M. :

The chance to win on time will be on them I mean I am sure that they will surrender but I do not know how time it will need

Customer:

But mossos de escuadra can be contacted on 112 ya?

José M. :

As more clever they be sooner they will give your money back

José M. :

But if they are stupid they could take more time

Customer:

Hmm,

José M. :

Yes mossos could be contacted in 112 Only in case they do not let you go inside

Customer:

Well, I wouldn't say they're stupid but neither am I and in this case their not going to get the upper hand. I've gotten the advice of an attorney now-so thank you José. I appreciate the chat and you definitely know what you're talking about

José M. :

Be sure I know and be sure that if you play the game hard you will win

José M. :

They have more to lose if you do

Customer:

Ok, I hear ya. I'll be tough.

José M. :

Its the way

Customer:

Have you anything else to add? I've coped and pasted all of this content into a Word document so that I can read over it before I confront them

José M. :

They are sure you will g and no demand your money

José M. :

Let them know they are wrong

Customer:

But I've to shower and breakfast shortly

José M. :

No you do not have to

Customer:

I hear ya. Hopefully morality and justice will prevail. I'm determined that it will

José M. :

Whay?

José M. :

Why?

José M. :

What are they going to do if you have a 3 hours shower?

José M. :

call the police ?

José M. :

They can do anything....

José M. :

Its the hard game

Customer:

No, no José. Chill dude. It's all good. My showers have never been longer than 15 minutes each.

José M. :

rules has the value that the punishment has

Customer:

I just always wake up with a shower. It's just them that have made it into a giant problem.

José M. :

No way to punish you no rules value

José M. :

Nobody can force you not to take that shower

José M. :

Its you that considerer that you should do it because are the rules of the game

Customer:

But for €350 per month including bills, I lived in a massive double ensuite in Valencia with other students for 7 months. I'm paying €30 more here and I'm getting way way less bang for my buck so to speak. It's disgraceful

José M. :

But the rules has been changed or you never accet them in this way

José M. :

So, do not play with their rules any more

Customer:

I've always had my own double ensuite bedroom or double bedroom with private bathroom-which was for me and me alone and €350 was the general price. So this is daylight robbery here in the fusspot house as far as I can see. Being told that I can't bake something in the oven after two days in a row doing so, it's just mind boggling. I know their loaded and not as stuck for money as they claim to be and for €380 per month, I've been incurring very little expenses on their behalf

Customer:

I used the washing machine twice only and I couldn't even see any actual washing tablets or detergent so I'd to use washing up liquid. I wash the cutlery myself. I've no tv in my room. I listen to the radio and use my laptop-their Wi-Fi but I don't overuse it. I've had one Skype conversation since September 10th cas their always in the house and I can't talk candidly

José M. :

And what could they do if you do not accep this rules?

Customer:

So I'll shower and not apologise for it.

José M. :

Let them know that it will be easier for they to give your money back... or will declare of the begining of the hard times game

José M. :

Thay will have to decide....

Customer:

Ach it sounds like someone else is in the shower now anyway. That's just typical..

José M. :

Now you have to let them know...

José M. :

And enjoy your shower

José M. :

Thank you for consult us

Customer:

Am, well re. the rules sure they've given out about me using the shower already-if I don't shower first thing in the morning every morning, I feel that my day hasn't gotten off to a good start. They gave out about the oven use

Customer:

Ah sure they've had it all their own way.

Customer:

Thank you for chatting to me and I will definitely recommend justanwer.com to others and you specifically if I encounter others like me re. renting or real estate problems

José M. :

Do not let them to put stupid rules that they can no force to be obey

José M. :

Thank you Sir

José M. :

I will be here if needed

José M. :

Thank you

Customer:

Well I'm a Madam actually-Aileen is a girl's name. So Madam or Ms.

Customer:

But thank you sir.. I know you didn't mean any offence!

José M. :

Sorry

Customer:

I appreciate that

José M. :

I really miss it Sorry

Customer:

No harm done. And in theory if I do need you're help again. Can I just enter the forum, log in and chat again.. And I mean I appreciate your help. Forget about the sir thing. You weren't to know...

José M. :

Well, you could keep my profile in your favorites

José M. :

And contact me very fast

José M. :

I used to be on line on the site, no problems to contact me in a fast way

Customer:

Excellent. Job well done José Sir. All respect and credit to you.

Customer:

Have a good day. Enjoy the rest of your weekend

José M. :

You too for sure

José M. :

And remember, the value of the rules its the one you want to give them

José M. :

Have a good day

José M. :

Do not let them to destroyed your day

Customer:

Am, sorry one thing. I don't see how to add you to my favourites. I've clicked on the link that you gave there but I don't see an option for favourites...

José M. :

Every browser has different ways

José M. :

You could copy and paste the link in word domument and yeah

José M. :

I use the esplorer and its easy to do

José M. :

No idea really how it works in others browsers

Customer:

Ok, fair enough. I'll work it out... It's just that I'd to borrow my mothers credit card number for the €46 late last night to be honest. My expenses are sky high at the moment. (I'm here on Erasmus) And I can't afford to spend more €

José M. :

Finally I gently ask for a positive rate of my service, if you do not do it the site does not pay me :(

Customer:

But I'll figure it out. Thank you again. Buon dia

José M. :

Thank you

José M. :

Buenos dias

José M. :

Y gracias

Customer:

Of course dude. That was a given. The highest rating I can give. I was going to do that anyway once I'd signed out of this chat. You deserve all the € you can possibly earn sincerely...Keep up the good work... Turn that frown upside down : )

Customer:

Equalmente. Adieu

José M., Attorney
Category: Spain Law
Satisfied Customers: 4904
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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