Rental deposit in Málaga

alt=»Fianza de alquiler en Málaga» width=»824″ height=»300″ srcset=»https://valoracasa.es/wp-content/uploads/2022/10/BLOG-FIANZA-DE-ALQUILER-EN-MALAGA.png 824w, https://valoracasa.es/wp-content/uploads/2022/10/BLOG-FIANZA-DE-ALQUILER-EN-MALAGA-300×109.png 300w, https://valoracasa.es/wp-content/uploads/2022/10/BLOG-FIANZA-DE-ALQUILER-EN-MALAGA-768×280.png 768w» sizes=»(max-width: 824px) 100vw, 824px» />

Rental deposit in Málaga

What is a rental deposit?

The deposit is regulated by the Urban Tenancy Act 29/1994 of 24 November. Throughout this law there are various references to it, defining what it is and what it's for.

Article 36.1 states that it is mandatory to provide a cash deposit equal to one month's rent for residential tenancies and two months' rent for non-residential tenancies such as commercial premises or offices. Although a higher amount can be agreed, the extra isn't considered a deposit and must be included in the contract under another heading, namely as an "additional guarantee", which may not exceed two months' rent.

The deposit is the cash deposit the tenant must give the landlord when signing the contract, and it's mandatory in all contracts, whether residential or non-residential (commercial premises, garages, storage rooms, seasonal lets, etc.). As it's required by Article 36 of the Urban Tenancy Act, it's called the "legal deposit".

What is the rental deposit for?

As it's intended to cover the tenant's breach of obligations, it covers three basic aspects of the tenancy:

1. El non-payment of rent, the tenant's main obligation.
2. Non-payment of amounts treated as rent that the tenant has agreed to pay under the contract, such as water, gas, electricity, community fees, etc.
3. Covering deterioration, damage and wear to the let home or premises.

Naturally, the parties may agree, in addition to the legal deposit, other means known as additional guarantees, so the landlord is covered not only for that but also for other amounts exceeding the deposit, depending on the specific features of the tenancy. The most common are:

• Bank guarantee: taken out with a bank to guarantee the tenant's obligations up to the agreed amount.
• Personal guarantee: a specific person (solvent in the landlord's eyes) guarantees the tenancy agreement by signing it as guarantor, taking on the financial consequences if the tenant breaches the contract.
• Security deposit: a sum of money separate from the deposit that the tenant gives the landlord, expressly stated in the contract as a security against the tenant breaching their contractual obligations.
• Rent guarantee insurance: a contract for a residential or non-residential tenancy under which the landlord is insured by an insurer against non-payment of rent and any damage, and even claim costs, depending on the cover taken out.

Lodging the rental deposit in Málaga

We manage your rental deposit.

At Valoracasa Estate Agents we lodge and later request the return of the deposit for all our clients, as one of our basic rental services for landlords and tenants.

We save you trips and wasted time with our full rental management service.

Where do you lodge the rental deposit in Málaga?

On the At the office of the Housing and Rehabilitation Agency in Málaga.

Where must the rental deposit be lodged?

El The landlord must go to the relevant body for housing in their region to lodge the deposit. If they don't, they risk a penalty from the authorities.

How much is the deposit on a rental?

How is the deposit returned on a rental?

In all main-residence tenancy agreements, one month's deposit must be paid as security against any damage during the tenancy. But when must the rental deposit be returned? In what cases is it lost? We tell you everything about the return of the rental deposit.

Returning the deposit: an obligation for the landlord

If paying the deposit is an obligation for the tenant, returning it when the tenancy ends is an obligation for the landlord. In a normal situation, where the home has been used properly, the terms of the contract haven't been breached and there's no damage attributable to the tenant, they're entitled to get that money back.

But what counts as a normal situation? Interpretations can lead to disagreements between landlord and tenant after the tenant moves out

To try to define this, we can look at Article 21.1 of the LAU, which sets out which works or repairs the landlord must pay for. "The landlord is obliged to carry out, without the right to increase the rent as a result, all the repairs necessary to keep the home in a habitable condition for its agreed use", provided the tenant isn't responsible for the damage requiring the repair. So, in this scenario, the landlord can't refuse to return the corresponding amount to the tenant.

How do you request the return of the rental deposit?

Often an email or phone call is enough. If the landlord doesn't respond, you'll need to send a burofax to create a formal record.

How long does it take to return the rental deposit?

According to the Urban Tenancy Act,, "the balance of the cash deposit to be returned to the tenant at the end of the tenancy shall accrue legal interest once a month has passed since the keys were handed back by the tenant without it having been returned".

In other words, once the tenancy ends, the landlord has 30 days to inspect the condition of the home and, if everything is in order, return the deposit. If they're late returning it, late-payment interest will accrue.

Who requests the return of the rental deposit?

El inquilino or their representative, if they have one, can request the return of the rental deposit.

How can you get your rental deposit back?

When the tenancy ends, if the tenant hasn't caused damage or defects involving substantial cost, they'll get back the amount paid as a deposit.

To prevent disputes about the home's condition that could jeopardise the return of the deposit, it's a good idea to photograph the property before the tenancy starts and after it ends.

When isn't a rental deposit returned?

El The landlord won't return the rental deposit in the following cases:

• There is damage to the property not resulting from normal use of the home.
• Non-payment of rent.
• Debts to the landlord, for example unpaid utility bills.
• If the tenant has carried out works without permission.
• If the tenant has left the home early.

Template for returning the rental deposit

The template for returning the rental deposit is a document that records the end of the tenancy agreement and formalises the return of the rental deposit. It must include:

• Contract details

1. Tenant's and landlord's details.
2. Date the tenancy agreement was signed.

• Return of keys

The template for returning the rental deposit must state in writing that the tenant returns the keys to the landlord and that the landlord receives them.

Penalties for not lodging a rental deposit

Penalties for not lodging the rental deposit in Andalucía depend on the type of offence, which the regional government classifies as:

Minor offence:

Failure to cooperate. Example: if the Junta de Andalucía's deposit inspection services open proceedings and the owner doesn't cooperate, they can be penalised.

Serious offence:

Failure to lodge the deposit in the correct amount. So if the rental deposit hasn't been lodged, it will initially be classed as serious.

Very serious offence:

Very serious offences include, among others, repeated failure to lodge the deposit.

1.- Minor offences are punishable by a fine of 30 to 1,800 euros.

2.- Serious offences are punishable by a fine of 50% to 150% of the amount of the rental deposit not lodged.

For the cases set out in points c and d of Article 87(4) of Law 8/1997, a fine of 300 to 6,000 euros.

3.- Very serious offences are punishable by double the penalty for the serious offence. If offences of the same kind are committed repeatedly within four years, the penalty will be double the maximum for that serious offence.

Limitation period for penalties for not lodging a rental deposit in Andalucía:

a) Minor offences expire after one year.

b) Serious and very serious offences after 4 years.

The limitation periods start from the day the offence was committed.

Process a residential rental deposit

Discover our deposit management service in Málaga.

And if you're interested in rentals in Málaga, visit our page on Flat rentals.

 

Juan Rosado 

CEO