Consumer Affairs opens an investigation into real estate agencies for imposing rental commissions on tenants

The Ministry of Social Rights, Consumption and Agenda 2030 has initiated an investigation into several real estate agencies for imposing commissions on tenants for rent management and making them sign temporary contracts without legal justification for that temporality.

The General Directorate of Consumer Affairs has formalized the opening of this investigation after receiving numerous complaints of consumer associations that warned about these practices in the real estate sector.

According to the preliminary findings of Consumption, these companies, which operate throughout the Spanish territory, would have committed various abusive practices in rental management. These irregularities, in addition to the aforementioned commissions, include the imposition of clauses that negatively affect tenants’ rights.

The portfolio of Pablo Bustinduy has stressed that, according to the right to housing law approved last year, it is “expressly prohibited” for tenants to assume the costs of property management and the formalization of the contract. Likewise, the signing of temporary contracts must be duly justified to be valid.

In addition, the ministry has reminded the companies involved that housing is a fundamental right protected by the urban lease law, which regulates relations between owners and tenants. The rule prevents the inclusion of clauses that harm the rights of the latter.

These types of infractions could be classified as abuses according to consumer protection lawwhich could lead to considerable penalties. Among the possible sanctions are fines of up to 100,000 euros for unfair commercial practices or the unjustified imposition of conditions.

In more serious cases, the sanctions could exceed these figures and reach between four and six times the illicit benefit obtained by the company through these practices.

Likewise, if the inclusion of abusive clauses in contracts is detected, fines could reach up to one million euros, and even increase the illicit benefit generated up to six or eight times, depending on the seriousness of the infraction.