Rent deposit in malaga
Rental deposit in Malaga
What is the rental deposit?
The bail is regulated in the Law 29/1994, of November 24, on Urban Leases. Throughout this standard, different references are made to it with the aim of defining what it is and what its function is.
In article 36.1, it is stated as The provision of a cash deposit in an amount equivalent to one month's rent in the rental of housing and two in the lease for use other than housing is mandatory such as, for example, commercial premises or offices. Although there is the possibility of agreeing on a higher amount, this supplement is not considered a deposit, but will have to be included in the contract under another concept. Specifically, under the concept of 'additional guarantee', which may not exceed an amount equal to two monthly payments of income.
The bail is the cash deposit which the lessee is obliged to deliver to the lessor at the time of signing the contract and which is mandatory in all contracts, whether for housing or for use other than housing (premises, garages, storage rooms, seasonal rentals, etc.). As it is imposed by the Urban Leases Law, in its article 36, it is called “legal bond.”
What is the rental deposit for?
As its purpose is to cover non-compliance with the tenant's obligations, it covers three basic aspects of the rental:
- The unpaid rent, the tenant's main obligation.
- The non-payment of amounts assimilated to income which the tenant has agreed to pay through the contract, such as water, gas, electricity, community supplies, etc.
- Cover the deterioration, damage and impairment that occur in the home or rented premises.
Logically, it is possible that the parties agree, in addition to the legal bond, other means called additional guarantees, so that the lessor can have that covered, but also the collection of other items that exceed the amount of the deposit taking into account the specific characteristics of the lease. The most common means are:
- Bank guarantee: It is contracted with a banking entity to guarantee the tenant's obligations up to the limit of the agreed amount.
- Personal Endorsement: a specific person (who has solvency for the lessor) guarantees compliance with the rental contract, signing it as guarantor, assuming the economic consequences of non-compliance with the contract by the lessee.
- Guarantee deposit: amount of money other than the deposit that the lessee gives to the lessor, expressly setting it out in the contract as a deposit to guarantee non-compliance by the lessee with the obligations contemplated in the contract.
- rental insurance: contract relating to a rental of housing or a different use through which the lessor is guaranteed with an insurance entity both the non-payment of rents and the damages and defects that may be caused and even the costs of claims, according to the contracted coverage.
Deposit the rental deposit in Malaga
We manage the deposit for your rental.
At Valoracasa Inmobiliaria we are in charge of depositing and requesting the subsequent return of the deposit of all our clients as one of our basic rental services for owners and tenants.
We save you travel and wasted time with our total rental management service.
Where to deposit the rental deposit in Malaga?
In the Office of the Malaga Housing and Rehabilitation Agency.
Where should the rental deposit be deposited?
The owner will have to go to the competent body regarding housing in your autonomous community to deposit the deposit. Failure to do so will result in a penalty from the administration.
How much deposit is paid on a rental?
The amount of the deposit corresponds to the equivalent of one month's rent in the case of a habitual residence, but for other types of rental, it may include two months, as is the case of commercial premises or rentals for use other than housing.
How is the deposit returned for a rental?
In all rental contracts for a primary residence, you must pay a one-month deposit as a guarantee to cover possible damages that may appear during the rental. But When do you have to return your rental deposit? In what cases is it lost? We tell you everything about the return of the rental deposit.
The return of the deposit: an obligation for the landlord
If payment of the deposit is an obligation for the tenant, the return of the same when the rental contract ends is an obligation for the lessor. In a normal situation, in which the use of the home has been appropriate and the terms of the contract have not been contravened, nor have there been any damages attributable to the tenant, the tenant has the right to recover that money.
But what should we understand by a normal situation? The interpretation can lead to disagreements between the landlord and the tenant, after the latter leaves the home.
To try to delimit this concept, we can look at article 21.1 of the LAU, which indicates what works or repairs must be borne by the landlord. “The landlord is obliged to carry out, without the right to increase the rent, all the repairs that are necessary to keep the dwelling in habitable conditions to serve the agreed use”, that is, as long as the tenant has not been responsible for the damage that requires this repair. Therefore, in this scenario, the landlord cannot refuse to return the corresponding amount to the tenant.
How to request a refund of the rental deposit?
Many times, an email or a phone call will do the trick. If the owner does not answer, You will have to write a burofax to leave a reliable record.
How long does it take to return the rental deposit?
According to the Urban Leasing Law, “the balance of the cash deposit that must be returned to the tenant at the end of the lease will accrue legal interest, one month has elapsed since the delivery of the keys for the same without said restitution having been made effective.”
That is, once the rental contract ends, The owner has a period of 30 days to examine the condition of the home and, if everything is correct, return the amount of the deposit. If there is a delay in refunding the deposit, the amount will suffer late payment interest.
Who requests the return of the rental deposit?
The tenant or his representative, if any, You can request the return of the rental deposit.
How can you recover money from a rental deposit?
When the rental contract ends, if the tenant has not caused damage and damages that imply a substantial financial expense, will recover the amount deposited as a deposit.
To prevent possible disputes over the condition of the home that jeopardize the return of the deposit, It is advisable to take photographs of the property before the contract and after its expiration.
When is the rental deposit not returned?
The owner will not return the rent deposit when the following cases occur:
- have occurred in the property destruction not derived from the normal use of the house.
- Non-payment of the income.
- Debts with the owner. For example, debts in supply invoices.
- If the tenant has made works without permission.
- If the tenant has left the house early.
Model rent deposit return
The rental deposit return model is a document that signals the termination of the lease and formalizes the return of the rental deposit. The following must be reflected in it:
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Contract data
- Tenant and owner information.
- Date of signing the rental contract.
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return of keys
In the rental deposit return model It must be reflected in writing that the tenant returns the keys to the owner and that he receives them.
Penalties for not depositing a rental deposit
The sanctions for not depositing the rental deposit in Andalusia will depend on the type of infraction, which the Autonomous Community of Andalusia classifies as:
Minor violation:
Failure to comply with the duty of collaboration. example: If the bond inspection services of the Junta de Andalucía initiate a procedure and the owner of the home does not cooperate, he or she may be sanctioned.
Serious violation:
Failure to comply with the obligation to deposit deposits in the corresponding amount. Therefore, if the rental deposit has not been deposited, it will initially be classified as serious.
Very serious violation:
Very serious infractions will occur, among others, in cases of repeated non-compliance with the deposit.
1.- Minor infractions will be punished with a fine of 30 euros up to 1,800 euros.
2.- Serious infractions will be punished with a proportional monetary fine of 50% to 150% of the amount of the deposit of the rental deposit not constituted.
For the cases contemplated in letters c and d, of article 87 section 4 of Law 8/1997, a fine of 300 to 6,000 euros.
3.- Very serious infractions will be punished with double the penalty that would have been imposed for the serious infraction. In the event of successive violations of the same nature being committed within a period of four years, the penalty will be equal to double that corresponding to said serious violation in its maximum amount.
Limitation period for sanctions for not depositing the rental deposit in Andalusia:
a) Minor infractions will expire after one year.
b) Serious and very serious infractions at 4 years.
The limitation periods will begin to run from the day on which the infraction was committed.
Process housing rental deposit
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