Javier Rodríguez

Javier leads Expat Agency and is an expert in Inmigration and Intercultural Exchange. He studied Law & Political Science between the universities of Granada (Spain), Prague (Czech Republic) and Poznań (Poland) and is an official collaborator at DGT (Directorate General of Traffic). He speaks English, French, Italian and Spanish and is accustomed to work for expats from all over the world.

13 Comments

  1. Denis Lawson
    November 4, 2016 @ 6:36 pm

    You make no mention of Deposit Protection and the requirement for it to be lodged elsewhere at a government agency, or the fines the landlord can attract for their failure to do so.

    Reply

    • Expat Agency
      November 4, 2016 @ 6:42 pm

      Correct. But they do not include a different thing as a term on contracts. That’s why it is not mentioned between unfair terms on rentals.

      Thank you Denis.

      Reply

  2. Angela
    November 5, 2016 @ 4:59 pm

    Can the landlord keep your deposit if you don’t give a months notice when you leave

    Reply

    • Expat Agency
      November 5, 2016 @ 6:31 pm

      Hello Angela,

      After the first 6 months, you can terminate the contract communicating this decision to the landlord at least 30 natural days prior to your departure.

      However, in case you did not do so, landlord cannot keep the deposit to cover your out of time decision or unpaid rents, since the deposit is granted just for possible damages.

      So, the answer is no, he cannot.

      Regards.

      Reply

  3. Jacob
    November 15, 2016 @ 7:29 pm

    You wrote:

    But, in our opinion, paying a commission just because you found a property announced by an agent, it is illegal

    When it is illegal where can I find that in the law and can you do something?
    Because after few months I have heared that owner and I have paid both the commision.
    Agency will not refund commision.

    Reply

    • Expat Agency
      November 15, 2016 @ 10:13 pm

      Hello Jacob,

      Apart from being an unfair term as you said, in our opinion, last reform of the law does not allow this practise. In fact, did you notice that they didn’t ask you to pay the VAT? I guess they asked you to pay a rental month as commission, but you did not pay any VAT.

      So, regarding your intend to get the commission back, it may be possible if you have a receipt of your payment (or contract). Do you?

      You can also send us an email or contact us clicking on the page above.

      Best Regards!

      Reply

  4. Jacob
    November 27, 2016 @ 10:03 am

    Hello

    thanks for your reply and I have paid commission (1 month rent without VAT) and I have a receipt for that.
    I can go to the agency and ask my commission back but I need something what is in the law to show the agency.

    Reply

  5. Peter Dawson
    March 17, 2018 @ 3:44 pm

    We rented villa with hot tub. Within a week or two we knew it was not working properly. We reported this to landlord and advised we were turning off electrics and emptying tub. We never used the tub or refilled it afterwards. Landlord said he was going to get someone to look at the tub but didn’t. Now well over a year and a half later when we terminated on contract date he is trying to say anything wrong with the tub must be paid for out of the 2 month deposit. Am I really responsible.
    The rental contract says I must pay for villa being cleaned. I admit when we left it was dusty (from being empty since early Oct 2017 to 26th Feb. Again is this legal

    Reply

    • Javier Rodríguez
      March 20, 2018 @ 2:03 pm

      Hello Peter,

      Your landlord is forced to make necessary repairs. If he doesn’t, he is breaking the contract, as well as if you didn’t pay the rent.

      I recommend you to send him a formal writing asking for such repairs to make as soon as possible. We can prepare and send it to him in Spanish if needed.

      Kind regards,
      Javier

      Reply

  6. Basia
    January 11, 2019 @ 8:49 pm

    Hello,
    I just rented the flat ( paid agency fee and two months deposit! ). After I moved in I noticed that the place was not ready for rental – very dirty, kitchen and bathroom in a very bad condition and most of the things not working. The owner agreed to repair few things but I am still not satisfied as the place was not renovated for years and definitely needs a refresh.
    I would like to know what is the responsibility of the agency and the owner in general? I believe they should check everything before the rental? ( not me after I moved in! )
    Can I cancel the contract and get my deposit and agency fee back? What is my rights as a tenant?
    Would appreciate any advise that case please.
    Thank you

    Reply

    • Javier Rodríguez
      January 14, 2019 @ 2:22 pm

      Dear Basia,

      I would like to know what is the responsibility of the agency and the owner in general? I believe they should check everything before the rental? ( not me after I moved in! )

      It is the responsability of the owner. You could take pictures and take the costs from the next payment, but be careful the rental agreement didn’t have any term saying “the tenant is aware of the good status of the house”, because they could take this against you.

      Can I cancel the contract and get my deposit and agency fee back? What is my rights as a tenant?

      If you think it is an absolutely unfair situation, you can just stay without paying one month else as using the deposit after communicating the landlord your intention to leave the apartment after 30 days. But, as I said, they could report you because, according to the law, you cannot cancel a rental agreement before the first 6 months unilaterally, even if they didn’t fulfill their part, I am afraid.

      Reply

  7. Love-Mor
    May 29, 2021 @ 1:59 am

    Hi!
    I went to view a property earlier this week, and liked it, so agreed to reserve it. No contract was signed but I had to pay a month’s rent up front to reserve it. 2 days later, I informed the agent I would not be able to take it after all. The agent replied that they have already paid the deposit straight to the landlord, and took it off the market, so I could not get a refund, even though it was still advertised for two days before I told them. Can you please give me some advice on this situation? Does the agent not have to keep it until a contract is signed or can they simply refuse to refund it?

    Reply

    • Javier Rodríguez
      June 18, 2021 @ 7:05 pm

      Hello,
      For technical reasons, my reply wasn’t properly upload.
      I said that, in my opinion, yes the landlord can keep the deposit, since it is considered a guarantee ensuring a reservation so, if you finally do not rent it, you lose it. Likewise, the landlord would be obligated to refund you the deposit twice (x2) in case he decided not to rent it out to you finally (the opposite situation), instead. This rule is in the Spanish Civil Code.
      Sorry for the bad news.
      A different thing would be the agent is lying and he didn’t give any deposit to the landlord, situation that would not surprise me.
      Carefully,
      Javier Rodríguez

      Reply

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