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José M.
José M., Attorney
Category: General
Satisfied Customers: 4901
Experience:  Spanish Attorney
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i moved out of an appartment 3 years ago, and my landlord is

Resolved Question:

i moved out of an appartment 3 years ago, and my landlord is claiming for damages to the appartment, however, none of the things that he claims is broken were like that when i moved out. he also kept my full deposit. he is threatening to take me to court. can he win???
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

José M. :

Hi there

José M. :

José M. spanish attorney

José M. :

Your landlord has one month to give you your deposit And he must do it even if he wants to sue you. The posibility to get to win his demand in court will be on the things that he could probe

José M. :

If he could probe that the things were there and right when you get in, and they are broken now he could win

José M. :

But the person who has to probe the facts is him, not you

José M. :

In adittion, you could advise him to denounce to the instituto de la vivienda of the comunidad autónoma where you are

José M. :

You could denounce him, And if he has not declare taxes or he denie your deposit without to put a demand in court he willl get a 600 euros fine

José M. :

In most cases landlors try to take advantages of foreign people because they think you are not going to defend you. Probe hii that in your case he is wrong and do not be afraid of his demands and advice him that you are thinking top denounce the facts in spanish tax office, in the instituto de la vivienda or even in court

José M. :

I am sure he will give your deposit back before get into troubles with you

José M. :

I will be here if you neeed more help or whatever you need

José M. :

Thank you

Customer:

I see, the thing is whilst I was in the appartment, he never visited, he also does not live here. So I actually handed the keys to the estate agent, and was not present while he checked the appartment, so this means all the things that he says are broken are his word against mine. And that is what I am not sure of.

Customer:

Also he claims that there was an active telephone line in the house, which i never used and was not aware was there, and he is trying to bill me for the cost of this. How does this stand??

José M. :

Well, his word is nothing in court, he will have to demostrate to the judge that the things were there and perfect

José M. :

If he has not a document signed by you with the pictures of the things and your agree that they were perfect, he has really nothing

José M. :

About the phone its not a matter of you, its his contract and you have nothing to deal with

José M. :

I think the landlord is very confused or very clever and he is triying to gat advantage of you

José M. :

Do not let him to do so

Customer:

Ok thats helpful, I am due to see his lawer tomorrow, and I think he is trying to keep it out of court as he wishes me to pay for what I can. I will state that I do not agree to the bills and see what the lawer wants to do, I think this is more of a threat, to see if he can get anything.

José M. :

I think he is he is threatening to lawyers, is a bluff, he try to scare you

José M. :

Do not let him to go in this way further

Customer:

Yes I agree, Ok thankyou for your help.

José M. :

If he has no way to probe how the propiety was and you never signed a picture of how it was he has nothing at all

José M. :

Thank you

Customer:

Yes I agree.

Customer:

Thankyou.

José M. :

Please do not forget to rate the service please

José M. :

I will be here if needed later on

José M. :

Thank you and have a good day

Customer:

I will do, you have been very helpful. Thank you.

José M., Attorney
Category: Spain Law
Satisfied Customers: 4901
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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