The instructions on how to return the keys to your landlord.

This appears simple to most people, but if you fail to do it correctly, you may find your tenant deposit will not be returned by your landlord, or worse, a new lease extension being added to your terms without your consent. Handing back the keys is a challenging time, as both parties stand to lose if the exchange is botched. apartments for sale

If you're looking for in-depth information on how to formally terminate a lease agreement in Spain, you have already been provided with comprehensive details. We stress once again that verbal termination of a lease agreement, including phone calls, e-mails, text messages, WhatsApp, social media messages, and any other form of written communication, is not an acceptable means of doing so. It must be done in accordance with a standard procedure, following which, it is critical that it is done formally. DID YOU DO THIS WRONG? THIS WILL HAVE ADVERSE LEGAL AND FINANCIAL CONSEQUENCES FOR YOU, THE TENANT.

If you want to reclaim your deposit and avoid silent renewals, which will add three more years to your lease in Spain, terminating the contract is essential.

There will be a fixed day and time when you must return the property's keys to your landlord by recorded delivery. In most cases, this is the last day specified in your rental agreement.

You will receive the keys to your house from your landlord, or their representative (normally an estate agent). In Spanish, it is known as the entrega. All of the following points must be completed correctly:

When you rent out a property with furniture, you must review the whole house with the agent. We can be quite meticulous when it comes to testing each household appliance to ensure it's working correctly. This includes A/C, washing machine, pool pump, fridge, dryer, etc. If everything is in order, both you and the agent will sign each page that verifies everything is operating properly. This document must be dated and, if you would be so kind, include the agent's personal ID (DNI if Spanish, or passport number if a foreigner).

Most tenants are normally expected to pay for utilities, water, electricity, and internet (which is called "wifi" in some places). You must keep an eye on all of these invoices to make sure they have been paid and are current. To keep your security deposit from being pocketed by the landlord, be sure to pay your bills on time. To sign the copies you hand them, the agent must also sign, and you should store these as well. If there are any outstanding bills, you must work out a payment plan.

If keys are returned to the landlord or a representative of the landlord by the end of the day, no additional keys will be needed. These people cannot be withheld from. If you have it, you do not have legal possession of it, which could have significant legal consequences. Those who tell you that they are too busy on that day to meet with you or that you should leave the keys in a postbox should be regarded with caution. It will be absolutely impossible to provide evidence that you handed back the keys. Signatures are required on both ends of the transaction to acknowledge that the keys have been returned by a certain date. This will be clear evidence in the event the landlord tries to dispute it.

A contract should be drafted to cover all of the above points, with clauses to make certain that it is dated and signed on every page by both parties.

There will be no excuse not to return your one-month or two-month deposit (depending on the contract signed) in full if the property was returned in good working order, the landlord, or their representative, raised no objections, and they signed the documents.

It is legally mandated that landlords have 30 days from when you hand them the keys to return the property to you. The landlord is likely stalling in order to pocket your deposit, and if they continue to delay beyond a certain point, you will be forced to contact a law firm in order to sue them. In order to have the firm's legal department process the signed documents and inventory list you will have to supply them with a copy of the signed documents and inventory list. Some landlords are particularly noted for pocketing deposits and will only inform you after you have departed the country that they will not refund your deposit. Take note of the comments made by other tenants on social media and avoid renting from landlords who have a poor reputation.

If a landlord refuses to accept having the keys handed back to them, or gives excuses for why you aren't able to, what will happen?

Actually, this is quite common. A landlord might use this tactic because they want to extend the contract with you under certain conditions, or simply disagree with you ending the agreement.

You can deposit the keys at a Notary Public if you are certain you have the legal right to terminate the lease agreement. In Spanish, this is referred to as consignación. As a result, you now have legally documented proof that you completed your end of the contract, returning the keys on time. Then the landlord will be forced to return the keys to the notary. When a legal procedure is instigated in court to terminate the contract and recover the deposit, it will become apparent that the landlord is in breach of contract. By preparing pre-constituted legal evidence to be used against your landlord in a later lawsuit, you are merely providing proof of their bad faith (needless to say, it can also be used as leverage to negotiate a more favourable outcome and avoid a court case).