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Tenants: Avoid Losing your deposit when a lease ends

Over the past month we have had various clients ask for advice on ending their contract with their landlord. We have therefore put together the following guidelines to prevent any issues that may occur between your landlord and yourself when leaving a rented property:

    • The day before your contract ends or the day before you leave the property, you must contact your telephone, water, gas and electricity providers to pay the pending bills and to cancel your contracts with them. Also, to prevent any incorrect future payments to your account, we advise that you change the billing account. You can leave this to the landlord, but we strongly advise you to do this yourself as it takes a very short amount of time and can prevent future upsets with the owner of the property.
    • On the day of leaving the property you must visit the property with the owner to sign documentation regarding the state of the property, and the remaining rights of both parties. If there is no damage, neither party will have any future rights, the keys will be handed in, the deposit will be returned and the contract ends there. Unfortunately, if there is damage, the deposit may be kept by the landlord, and a contract must be signed by both parties stating the remaining rights of each half.
    • Whether or not the property has been left with or without damage, we recommend you take photos of all of the rooms in case they are later needed for proof. You may have to prove in court that the damages were not caused by you, and photos can be a great help.
    • If your landlord refuses to accept your keys, make sure to send them a burofax or telegram reporting that you’re leaving keys into the post box or similar, always with receipt acknowledged.
    • If, after 10 days, you have left the property your landlord has not offered to reimburse your deposit or has not presented a written list of damages, make sure to legally require the return of your deposit, this will help a lot if future legal action is required.

We hope that this information has been useful.

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Rental Deposit Return

Available in the following locations: Alicante, Barcelona, Benidorm, Cadiz, Castellon, Córdoba, El Campello, Estepona, Fuengirola, Girona, Granada, Jaen, La Manga del Mar Menor, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Seville, Torrevieja, Valencia, Velez Malaga, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

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1Who is this Service for?

Unfortunately an all too common occurrence in Mediterranean countries is for unscrupulous landlords to refuse to return a deposit paid by a tenant in good faith, for some spurious reason relating to supposed damages caused to the property during the tenancy.

2What does this service consist of?

  • Analysis of the circumstances of the non-repayment of the deposit money
  • Review of the lease agreement
  • Communication with the landlord to attempt to persuade them to return the deposit
  • If not possible to convince the landlord to return the deposit, the only remaining remedy is to initiate legal proceedings against the landlord
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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