Rental agent threatening denuncia & embargo on bank account

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05 Feb 2013 12:05 PM by stevieban Star rating. 5 posts Send private message

i was out of contract, chased the agent up for a couple of weeks, withheld my rent until new contract was signed. During that time i handed my notice on the apt as i was fed up trying to chase the new contract. I then got an email telling me that i wasn't in a position to hand notice in because i was behind in the rent. I then reminded her that she had a deposit. The response was the deposit isn't held for non payment of rent. I asked what it was for & not had a reply. I have since been notified that she is going to pursue a denuncia against me with an embargo on my bank account. Is this legal, if so how long will it take for the embargo to be enforced. 

Thanks





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05 Feb 2013 1:10 PM by eggcup Star rating. 567 posts Send private message

Well, in the UK (sorry don't know Spanish law), the purpose of the deposit also isn't for non-payment of rent.  It is held primarily for damage to the property, unpaid bills etc. and I imagine it would be the same in Spain.  It is not acceptable to withhold rent because the agent is not doing something that you want them to do.



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05 Feb 2013 1:20 PM by Sanchez1 Star rating. 853 posts Send private message

In Spain, as a tenant you should never pay the last  months rent.  You use the deposit otherwise you are very unlikely to ever get the deposit back.  I think the agent is angry that she won't be able to scam the deposit off you.



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05 Feb 2013 1:25 PM by eggcup Star rating. 567 posts Send private message

Well, there's some truth in that, too.  I never got my deposit back when I rented a flat there.  I can see both sides, as it's also very annoying when tenants use the deposit in that way and then leave a house not in the state in which they found it and maybe with things broken etc.



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05 Feb 2013 3:12 PM by stevieban Star rating. 5 posts Send private message

The Apt is in better condition than when i took it on as i have pride in where i live.





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05 Feb 2013 4:29 PM by Mungry Star rating. 329 posts Send private message

the problem is when you are dealing with an evil person and they denounce you it costs you 500 euors to collect it

if they have falely denounced you then you can counter-denounce and if its proven that you are in the right they are in big trouble.

some back street real estate agent cant just embargo your bank accounts and it takes more than just a threat.

but

if they are real scumbags they can cause you lots of problems that you dont need.

strike hard and fast against them with no remorse using whatever is at your disposal.

 


This message was last edited by Mungry on 05/02/2013.

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