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POLL: Would you pay your last month's rent in Spain?
Wednesday, September 12, 2018 @ 1:44 PM

Recently I saw an article on EOS, which was removed shortly after, about why people shouldn´t pay their last month´s rent in Spain. Personally I think it is an irresponsible request to make and illegal, so I am not surprised it was taken off the site but it did make me think about the general belief in Spain that exists about a tenant's last month´s rent payment - that it shouldn´t be paid because you will never get your deposit back...

I have been living in Spain for many years and I have rented numerous flats and not once have I not received my deposit back. I have always paid the last months rent and after an inspection then used to the deposit to pay off utility bills that still haven't been charged. I would calculate the average monthly consumption from the previous three months and then divide it by 30 and then multiply it by the days outstanding to be paid up to the day I hand back the keys. This way the landlord is assured he will have the money to pay the bills when I have gone. The deposut is something I always want to get back when I hand back the keys so I agree this with my landlord first, I have an inspection a week before I hand back the keys and another inspection the day I hand back the keys, but that day he also has the deposit money prepared minus the outstanding utilities payments which we have estimated previously. Not once have I had any problems with this formula. Make sure you agree it on signing the contract or before you hand in your 30 day notice. Ther is no reason why he/she shouldn't accept. It is fair and transparent, what most landlords want.

Thinking you can always offset the 1 or 2 months’ rental security deposit against your unpaid rent is not correct. You cannot. That two month’s initial security deposit serves its own legal purpose and at no time can be used to compensate rental shortfalls unless you agree this in writing with your landlord before leaving the property.

However this said, a lot of people still think that they will not get their deposit back and thus don´t pay the last rental fees, hoping that the landlord won´t go to court as it will cost him too much money to do so and they walk away from the property owing rent but losing their deposit....my question is what do these people do about outstanding utility bills? Leave them unpaid too?

What do you think? Would you pay or advise someone to pay their last month's rent in Spain? Please cast your vote...

FYI - https://www.mundojuridico.info/deposito-de-la-fianza-de-alquiler-en-la-comunidad-valenciana/

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18 Comments

Falcón said:
Wednesday, September 12, 2018 @ 4:25 PM

I think that would be deposit back because otherwise would be illegal. If people rente a flat and they have given a deposit then it must be deposit back

Geoff said:
Thursday, September 13, 2018 @ 7:56 AM

The Spanish don't usually pay the last month's rent because they know they're unlikely to get their deposit back. There's no deposit guarantee scheme and the Spanish legal system is third world.

I don't even think Spanish landlords expect to receive the last month's rent to be honest...

mac75 said:
Thursday, September 13, 2018 @ 2:42 PM

Well that's not correct Geoff, there is a system in place to protect your deposit and even grant you interest if the landlord doesn´t return it before 30 days. Here is a link to explain it although it is in Spanish:

https://www.mundojuridico.info/deposito-de-la-fianza-de-alquiler-en-la-comunidad-valenciana/

I will also add it to the post. But basically the landlord is obliged pay the deposit into an escrow account with the local government where they safeguard it until the contract has been completed. If you have paid all the rent and there are no damages they have to return the money by law and if they don´t you will gain interest afer 30 days. This is why it´s important to take photos of the house when you move in and pay all the rent up to the end of the contract. The landlord should hand you in a receipt of the deposit made for the rental contract.

John said:
Friday, September 14, 2018 @ 7:23 AM

mac75
Correct and well said
Geoffs comment is typical comment from expats who stereotype people

Jennet1960 said:
Saturday, September 15, 2018 @ 8:58 AM

I am shocked by the statistics / vote outcome. I am on my 3rd rental property now and it never occurred to me not to pay the last month's rent and to agree an estimate of the last utility bills and settle them by the time I hand back the keys. The deposit IS there to protect the landlord as otherwise they will have no recourse with some unscrupulous tenants who can really damage their property. I agree, be clear in advance when you give your pre-agreed notice how and when you will settle up if not already abundantly clear in your contract. Play fair. This culture of mistrust saddens me. I am fully aware that there ARE some unscrupulous landlords out there but, that said, I believe that a better, more healthful mindset in life is to approach one's dealings in life in a less defensive manner.

anthomo16 said:
Saturday, September 15, 2018 @ 10:04 AM

If you owe it - you pay it ---simple

Charlietwice said:
Saturday, September 15, 2018 @ 12:04 PM

Of course, you pay. it's illegal otherwise.

Eros44 said:
Saturday, September 15, 2018 @ 7:27 PM

I rent out a property in Spain and in the last two cases my tenant left then informed me that they would like their deposit back. However, they left owing the last months rent, outstanding water and electricity bills, thereby leaving me out of pocket.

DJF42 said:
Saturday, September 15, 2018 @ 11:57 PM

Eros44.
I hope you didn't pay their deposit back!

Rob said:
Sunday, September 16, 2018 @ 11:02 AM

I've been both tenant and landlord in my life, and I think the kind of people who engage in not paying their bills are either being defensive (which I *can* understand to a point although I disagree with it), or, they are people who simply want to try and game the system thinking they can get one over.

Please do not forget, landlords are people too, they have mortgages to pay in many cases, and many need the cash flow in order to protect their credit rating, which is incredibly important.

For those people in the second category who simply want to game the system, I think they are nothing but scum.

Jennet1960 said:
Sunday, September 16, 2018 @ 11:10 AM

I couldn't agree with you more Rob! And this is coming from the point of view of one who's never been a landlady.

dunworkin said:
Monday, September 17, 2018 @ 7:34 PM

I have always paid my last month's rent. I only got ripped off by one landlord, the rest have all been lovely. Despite my one bad experience I still believe it's best to treat others the way I would like to be treated.

Andrea said:
Friday, December 3, 2021 @ 2:54 PM

70% of estate agents are not even legally registered and they don't return deposits. This is common knowledge. I advise anyone who is renting in Spain to stop your rent 2 months before moving out. The are are criminals but they will not steal from me. Btw they can do nothing to you as they are illegally operating.

Andrea said:
Friday, December 3, 2021 @ 2:55 PM

70% of estate agents are not even legally registered and they don't return deposits. This is common knowledge. I advise anyone who is renting in Spain to stop your rent 2 months before moving out. The are are criminals but they will not steal from me. Btw they can do nothing to you as they are illegally operating.

Larry L. said:
Thursday, September 22, 2022 @ 12:17 AM

mac75

Thanks for your input! What would happen if tenants don’t pay the lasts months rent and flee to the United States? Thanks!

Xavier said:
Thursday, October 27, 2022 @ 12:38 PM

I would say there is no hard and fast rule here. I've rented in Spain 5 times, and 4 times have had to contract a lawyer to have my deposit returned, at my expense. I would say if your landlord fails to 1) make promised repairs on entry 2) fails to show proof that your deposit has been registered with your city (which they are meant to do)...then absolutely do not pay last month's rent.

Ally said:
Tuesday, August 8, 2023 @ 4:10 PM

I have around 10 Spanish friends, who have told me, not to pay the last 3 months rent, as I paid 2 months deposit, plus repairs. It is common knowledge in Spain that landlords never return deposits, especially to foreigners, the agencies are actually worse, thieves. I have just cancelled by DD for the last 2 months rent. The apartment was literally falling apart, and the agency refused to repair it.

Simon said:
Monday, October 23, 2023 @ 1:24 AM

I will be moving out of our place next month after 2 years here. The landlords are good people however they are elderly and not the sharpest and so are easily (mis)led by the agent who is a con artist. He's tried illegal hikes of the rent last year and has already demanded them (illegal increases) for the next term (even though we've already decided to go).

The landlords have not proved that they have correctly deposited our deposit and we will be asking them to do so in the next few days. It's highly likely that they are unaware of the process and will not have done it (as they should have provided the proof 2 years ago, shortly after moving in). In such a case, we will not be paying the last month's rent however we will work with the landlords (not the agent) to discuss whether they think anything is not upto par and should we have damaged anything (nothing I'm aware of yet), pay the fair sum. The utilities are also set up in our names so we already have that connection/hook.

The landlords will not be out of pocket for anything however neither shall we be. This is the action we will have to take to protect ourselves against a con of an agent.