The new Housing Law ended with the payment of new tenants to real estate for the efforts. This should have been the case since May 26, when the new Law was put into effect, but now Facua warns of the lawsuits that it is preparing against twenty real estate agents for complaints from tenants who claim that they have had to pay fees.
The rental demand continues to rise in the real estate market in Spain despite its price that does not stop rising. In the month of April, according to data from the Fotocasa Real Estate Index, it rose to 7.3% in April compared to the same month of the previous year. Future tenants are betting on renting before the panorama of home purchase prices, which continues to rise and has become one of the key problems for those who want to access a new home or those seeking emancipation.
Can the real estate agency charge a commission to the tenant?
This is the case, and although the new Housing Law obliges the owners of rental homes to pay the fees of the real estate agents, the consumer associations are detecting how some of them try to break the norm with dubious practices and subterfuges with which they intend to keep charging the tenant.
Faced with this situation, Facua has already warned that it is going to file complaints with the autonomous consumer protection administrations requesting the opening of sanctioning files against different real estate companies and hopes that there will be speed in their processing.
Its spokesman, Rubén Sánchez, points out that there are many consumers who are warning of these practices and that the association is doing traces in the market and confirming that this is happening.
From the agencies that continue to charge the fees to the tenants, to those that require the collection of more deposit or the payment of a month of fees to the real estate agency. Either they are breaking the law or “inventing concepts to make it appear that it is not the collection of that commission,” says Sánchez.
“Because of the many subterfuges that they use, we understand that illegality occurs equally and we consider it essential that there be a notice to sailors and that there be an autonomous consumer authority that announces a powerful sanctioning file,” he points out in this regard.
How to claim the commission from the real estate agency?
For consumers who are being affected by this situation, Facua recommends that they claim the money back, even if they have already formalized the rental contract. Claims come to Facua in which the new tenants state that “they have had to pay the real estate agency to avoid losing the apartment and what we recommend is that they do so and then claim it because they have the right to recover it as it is illegal,” he points out.
The responsibility for everyone to comply with the new Housing Law is now the responsibility of the autonomous communities, which must apply the corresponding sanctions. “In the event that they were not very diligent and did not open a disciplinary file, the tenant can go to court at no cost because they do not exceed 2,000 euros and a claim could be filed for that amount without a lawyer or attorney, they clarify from Facua .