ending a rental contract early

I entered a 12 month rental contract in April 2021, I need to leave at the end of October 2021. I paid 2 months deposit. It stated in the contract that if you end the contract early then you don't get your depsit back. But i've read around that as long as it's been 6 months and you give 30 days notice then have rights?

My question is A) am i legally entitled to my depsoit back? and B) can he demand the remaining 5 months rent to fulfill the 12 months.

Please note although I did it all through an estate agent, my ladlord is clearly not declaring taxes from it as he makes me pay in cash, one month when I was abroad and had to do a bank transfer he made me pay into his wife's account and not put a reference on it. So if he tried to make me pay the extra 5 months could I threaten to take him to court on the premise that he definitely won't want that because he's dodging taxes?

Thanks for any help,

Andrea

Hello patatosack and welcome to EOS

You have of your own free will entered into a 12-month rental contract which is not annexed with bits and pieces you have read around somewhere. If you believe the contract you agreed to and signed is illegal you should seek advice from a Lawyer.

With regard to your threatening to blackmail your landlord, be careful it is not you that ends up in a criminal court. 

12-month rental contracts are not legal in Spain. The rental law for residential use is 5 years for a private owner or 7 years with a company. The law also requires a 1-month deposit, not two. Since your contract is not legal I suggest you negotiate with the landlord for a refund.

Some agents and owners make their own rules up. Always use a lawyer in property transactions.

That sounds bizarre, Micky.....what if someone only want to rent for a year or two years? as is quite normal. Do you say he has to rent for 5 or 7 years like it or not? I'd like to hear Maria's take on this.

I describe the law. If people decide to behave otherwise that's their business. Residential rental contracts within the law protect both side's interests. Holiday lets are not residential agreements.

https://www.spanishpropertyinsight.com/2019/04/05/congress-ratifies-new-rental-laws-for-spain-in-2019/

I think the main issue hear is that you want you deposit back..if so why don't you do as they all do when it goes tits up for you in Spain ..and just don't pay the last 2 month's rent then scamper of back to where you come from .. this is extremely common and seems to be the rule of thumb in Spain.