To not pay last month's rent abroad?

[Missmoo82]

Hi,
My DD is in Spain studying abroad, she leaves next month. The girls she lived with had a party last month, which her housing company has reacted with threatening emails and not wanting to give their deposits back to them. DD didn't actually organise the party, it was two girls who were leaving who did.

Since then, there's been no talk about the deposits being returned (€300). I'm starting to think this company is using the party as an excuse in order to make money from students. She's thinking of not paying her rent next month and returning home, is she in her rights to do this?

The company have been rude to her and the other girls via email. DD is usually very quiet and is worrying about it. :(

Nothing was broken I think the music was loud and a neighbour complained

But she hasnt left yet so how do you know they are going to withhold the deposit?

Is the rent more than the deposit? I think she'd be really unreasonable not to pay what is owed in any case.

She's thinking of not paying her rent next month and returning home, is she in her rights to do this? the party is irrelevant. What matters is what is says in her agreement to let. Normally there would be a time stipulated so you can't just walk out and end it that way

when my dd was at uni, the credit card of the parents was needed to secure rentals, do you remember doing such a thing?
was the housing company associated with the university, if so they may not allow her to register until fees are paid up.
will she need further accommodations (my dd's university was very tight knit with the community, it would be difficult to find another rental with this issue outstanding)?
either way the right thing to do is pay and learn.

She's not within her rights to not pay rent, no - that's a breach of the rental contract and she could be sued. The rental contract would stipulate rules about deposits, but disputes about return of deposits are not unique to Spain, or anywhere else -plenty of people who rent accommodation in this country have disputes about deposits, which is why it's always recommended to take photographs of the state of property when you move in, so you can dispute it.

Don't assume that just because it's abroad it doesn't matter, or no-one will act against her - they will. Two wrongs don't make a right - if they withold the deposit unlawfully, that doesn' t mean that she can withold her rent unlawfully.

They are all liable for the condition of the housing and whether she organised the party or not, she is liable.

DD had this problem in the UK with a university housing company. She had moved out when the other students and their "guests" messed it up! She was still liable and lost the deposit despite arguing the case very vociferously. If there is no damage then there is no problem. Breakages are not the only things the rental company will look at. They will consider work surfaces, bathrooms, floors, oven, hob, etc. In fact anything that can be stained and dirty. Get a house cleaner in. That's what a lot of students do so the oven and floors etc are spotless. Is she being honest about damage? If there is none, why is she worried? It does not make sense really.

She must pay the rent. She has a contract and no doubt they have her details so they can pursue her. Why risk having that on your financial record? That is somewhat naive.

Yes she has to pay the rent

If there wasn't any damage then I'm sure they will get their deposit back. As long as the house has been left in a clean and tidy state