He "said" it was in perfect condition?

What gets said, gets forgotten. Do you have any documentary proof that the apartment was ok when you handed him the keys / did the inspection?

You may struggle in a legal battle without such evidence as he will simply say that there were damages.

In any case, by law the landlord cannot keep the money from a deposit in his own account during the period of the tenancy, in Madrid at least there is a central deposit for the lodging of deposits. You could ask the local authority if there is such a thing where you were and mention casually to the landlord that you are investigating with the authorities, see if that wakes him up! Landlords which keep the deposits in their own accounts usually have more to hide than just that.

 

He is required by law to have a complaints book. Ask for a "Hoja de reclamacíon" If you don't get one go to the OMIC at the ayuntamiento. Frequently just asking for the complaint form will prompt action.

 

This happened to me and from what I hear it is common practice. Some say the word deposit in Spanish means gift. Also whoever has the money in their pocket owns it. In Spain you can have as many laws, rules and regulations you like, but if there is no realistic cost effective system to enforce them they are worthless.

 

There is an EU wide small claims court that you can apply to. Most folk have never heard of it. Cannot remember what it is actually called. You might fins details on gov.uk or google

 

The EU small claims court is for international claims within the EU only. The OP does not state where they are now. If in Spain it would be a domestic matter, if in another EU country it could be the EU small claims court, if back in US any claim for €2,800 is probably not going to be cost effective. In any event it seems the OP has no documentary evidence of no damage when leaving the property. The OP has been turned over, apparently standard practice in Spain.:amen:

 

I think the lesson to take away from this is - to always have a witness to hand when the Landlord comes to
inspect the apartment before you leave and if you think the occasion merits it - a witness who's your
Lawyer or a Gestor.

Although I wouldn't tell the Landlord that - just let the Landlord turn up as if it's just the two of you.

 

Photographic evidence upon entry & again when leaving, signed by both parties, is the best way.

 

Yes the more evidence, witness & signatures you have the better.

 

Hi,
It's a shame that your first post is about getting ripped off in Spain. Seems to be a spate of first time posters with a hard luck story... I'm glad nothing like that has ever happened to me!

Most people arrange with the landlord not to pay the last month's rent and the deposit is used up in this way. There are of course landlords who just want to rip you off, but as in every country in the world, most people are not trying to fleece the foreigner. I would try to see the landlord face to face and very reasonably ask what he is doing. If you don't get your money back, then walk away - you're a doctor, you'll make that money up easily!!
As for the doctor thing, could you tell us how you went about doing residency here, what steps you had to go through?

 

I've already tried reasoning with him. No luck.

I've got a lawyer and am taking him to court. It's not about money. It's about principle

 

It happens elsewhere:
https://www.expatforum.com/expats/f...nce-expat-forum-expats-living-france/1465024-french-landlord-stole-deposit.html

 

The trick is very familiar to me-not in Spain but in Germany.
I too had a landlord who was not really serious about repaying the bail.
Luckily, I experienced it from other tenants and stopped the payment three months before the extract.
He still tried to claim the remaining euros.. Vain.

btw: GSM 's usually are with camera. Not only for selfies...

 

2-5 years? Really? for a matter worth only 2800 euros?

I think it's best I threaten to report him to tax authorities .

 

You could try that, but generally speaking, the authorities in Spain do not act quickly, and the Spanish know that. My personal opinion is that it won't worry him much.

The court action is the one which will hit him in the pocket, at least in the short term because he will have to pay a lawyer or at least a "procurador" to defend him.

But yes, don't expect it to be quick. My case is currently suspended because one of the defendants is applying for "legal aid" as she claims that she can't afford to pay the procurador. My heart bleeds. It took the court nearly a year to serve the summons...

 

Keep at it until you get something. It will make him less likely to pull the same trick on other people.