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Bail Deposit

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The Urban Leasing Law imposes the legal obligation to demand and provide a DEPOSIT in cash, equivalent to a monthly rent when a housing lease is entered into.

Thus, this legal obligation is configured for the rental of all types of housing, regardless of whether it is considered free or with public protection.

The bond is defined as the guarantee of compliance, by the lessee, of all the obligations arising from the lease, both economic -payment of income and assimilated amounts (supplies, community fees, etc.) – as the own conservation of the leased object (maintenance of the floor and furniture).

The balance of the deposit in cash must be returned to the tenant at the end of the lease. If more than one month passes from the delivery of the keys without having been returned, the corresponding legal interest will begin to be accrued.

In short, the bond is an inescapable and necessary commitment to bring a rental to a successful conclusion, without the occurrence of ‘risk’ situations for any of the signatories. It is a security for the landlord and a commitment for the tenant in order to take care of the house and return it as it was received.

Constitution of the deposit of the deposit

Constitution of the deposit of the deposit

In our region, in order to make the deposit of the deposit, it is necessary to make a bank deposit of a rental fee in the corresponding account of the Ministry of Finance and Public Administration, provided it is a housing lease. This deposit will be carried out using the 801 form of deposit confirmation or guarantee in cash, which can be obtained in printed form by means of the personification before the Provincial Directorate of Finance and Public Administrations.

The instructions for completing the 801 model can be obtained from the Provincial Offices of our Ministry of Development.

Once the previous deposit has been made, the interested party must submit to the Provincial Directorate (Urban Rental Leases Section) corresponding to the place where the rented dwelling is located, Request to establish or update deposits already deposited, whose model will be provided in said Provincial Office.

To this request, the following documentation will be attached:

  • Model 801 in which the realization of the deposit of one month of rent in the corresponding account of the Ministry of Finance and Public Administration.
  • Three original copies of the lease.

After examining the submitted documentation, the original contracts presented are processed and two copies are returned, one for the lessor and another for the lessee.

In addition, the document “PAPER OF BONDS” will be issued, which will be necessary to urge the return or modification of the deposited bond. This document will be delivered to the landlord.

Only from this moment in which the “PAPER OF BONDS” is issued can it be understood that the deposit of the deposit has been validly constituted.

As a general rule, the obligor to the constitution of the deposit of the deposit, will be the lessor, with the exception of the contracts of lease of houses with public protection of public promotion, where the obliged to the constitution will be the tenant.

Finally, note that this deposit must be made within fifteen working days from the date of signature of the contract.

However, in case of any doubt that may arise, the corresponding consultations can always be made before the Bonding Service of the corresponding Provincial Development Office.

Modification of the deposit of the deposit

Modification of the deposit of the deposit

As long as the housing lease contract is not extinguished, it may suffer variations throughout the period of validity. These variations can be of a different nature, and since it could not be otherwise, the part of the rent is not excluded from these possible changes. In this sense, either for reasons of updating, or for any other reason, the rent may suffer variations, which directly affects the deposit. In this way, when the rent is updated (which usually translates into an increase of the same, and that can not be realized within the first five years of the contract’s validity), it is also necessary to update the amount of the deposit in the same terms.

For this, the procedure is similar to that of the constitution of the bond. It must be previously registered and by means of the 801 model in the same terms foreseen for the constitution of the deposit, the amount that remains until completing a monthly rent.

Once this deposit is made, the interested party, again, must submit to the Provincial Directorate (Bail Section Urban leases) corresponding to the place where the rented dwelling is located, Request to update deposits already deposited, whose model will be provided in said Provincial Office.

To this request, the following documentation will be attached:

  • Model 801, which shows the realization of the deposit of the amount necessary to complete the amount previously deposited and be equivalent to one month of the current rent. Said income will be made in the corresponding account of the Ministry of Finance and Public Administration.
  • Two original copies of the lease.
  • Bond paper issued.

After the examination of the presented documentation, the original contracts presented and the “PAPER OF BONDS” are renewed and returned to the interested parties.

Refund of the deposit

Refund of the deposit

When the lease ends, a series of checks must be made before proceeding to the return of the deposit.

Being a guarantee of compliance with the obligations of the tenant, the full refund of the deposit will be carried out as long as the apartment is in perfect condition. If leaving the apartment, the owner checks that there have been damages or defects in it will discount the repair costs of the amount of the deposit to be returned. The same will happen if at the end of the rent there are amounts owed.

If everything is in order, and there is no debt in favor of the owner of the house, the deposit must be returned to the tenant one month after the delivery of the keys by the same.

Thus, for this return, the landlord must submit to the Provincial Directorate (Bail Section Urban leases) corresponding to the place where the leased house is located, Request to recover the sureties, whose model will be provided in said Provincial Office.

To this request, the following documentation will be attached:

  • Two original copies of the lease agreement with the procedures of incorporation.
  • Bond paper signed on the back by both parties.
  • Document in which the termination of the contract is collected.

Once this documentation has been submitted, the Provincial Office will send a letter to the interested party informing that the necessary documentation has been sent to the Ministry of Finance and Public Administration so that it may reimburse the amounts deposited as a deposit.

Regulatory Regulation

Regulatory Regulation

  • Law 29/1994, of November 24, on Urban Leases.
  • Order of March 5, 1985, which establishes the procedure for the constitution of bonds for leases and supplies within the scope of the Board of Communities of Castilla-La Mancha.