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Will I receive, under Spanish tenancy law, the deposit paid to the landlord?
Civil Law
Antonio Flores Vila
13th of August 2001
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Q. I am not sure of the facts on renting property. I believe I pay two months rent equivalent as deposit, one for furniture and one for security. Do I recieve the two back when I leave and if I give three months notice and find a new tennent for my landlady, do I lose my security deposit for leaving one month before the contract ends?
Please help.
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A. Two months rent in advance is the norm in some places when you rent residential properties. However, the laws says it is one month deposit.
You get his back when you finish the contract, although you do need to stick to the provision of the contract as otherwise the landlord may be tempted to keep part as compensation.
You need to negotiate with the landlord what will they do if you leave before the expiry. Bear in mind that technically it is a breach of contract and therefore they may claim compensation. I would certainly opt for the negotiation route initially.
The fact that you have found or will look for a new tenant makes no difference, as the landlord has to approve that change. This landlord may have contracted with you for a number of reasons and circumstances which the other party does not fullfil, and therefore he may not be happy with the change.
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