One of the most common issues and struggles between landlords and tenants… is the rent bail. On many occasions, landlords do not pay back the bail stipulating any excuse which in many occasions it is not tenant’s responsibility.
That is why, in this article it will be explained what you should do if you do not get your bail back in those case you have rented a property in Barcelona.
When does it become legal to keep the rental deposit?
The fact is that if it is legal to keep it or not, only depends on the contract. Nevertheless, generally, there might be three main reasons why it would be legitimate to not pay back the bail:
– The tenant causes damages on the property
– The tenant does not pay the monthly rent or any supply invoice
– The tenant leaves before the stipulated time
If your bail has been held and none of these match your case, you can reclaim as you have the right to be paid back the amount you paid in advance.
How do I reclaim the bail?
If your landlord refuses to give your money back and neither wants to talk and discuss with you, the best option you have is to send a burofax informing that if he does not pay back you will take legal action. It is recommended to estipulate a limit period of time as well as to notify that within 30 days from the moment the contract ends, it will be charged to the total amount of the bail, a legal interest that can be claimed on the ulterior reclamation.
It has to be noted that amounts below 2.000€ won’t need neither a lawyer nor a attorney, and you will not be facing any costs penalty in case you lost against the landlord. You’ll only need to appear in Court with your rent contract and all the existing documents you may have which prove that there is a debt between the landlord and you and that is why you are demanding the amount.
Moreover, in this matter, as tenant you should have it really easy. Choose the Legal Payment Procedure, which is a simple and easier procedure where is granted a enforceable title if it doesn’t exist any objection.
In other words, it will be sent to the landlord a legal burofax asking to either pay back to the tenant the claimed quantity or object to it.
If within 10 days he does not return the money back and neither opposes, the enforcement will be started and as well it will be checked out if he/she actually owns the amount of money in order to pay.
If the landlord does manifest against it, a trial is held in which both parts will expose your arguments. At the end, the judge is the one to resolve the final decision.
In conclusion, if you are willing to rent a property in Barcelona, in order to avoid any issue with the bail, contact us, you will not regret it.
