The Ministry of Social Rights, Consumer Affairs and Agenda 2030, headed by Pablo Bustinduy, has opened an investigation into several real estate agencies that have allegedly carried out abusive practices against tenants in the management of rentals.
Some of the practices being investigated are forcing tenants to pay a commission for the management of the lease, forcing them to sign temporary contracts without justifying the temporality, or including abusive clauses.
The General Directorate of Consumer Affairs is the unit that has formally opened this investigation and has learned that these practices are being carried out through various complaints filed by consumer associations.
Consumer Affairs points out that passing on the costs of real estate management and formalization of the contract to tenants is a practice expressly prohibited by the 2023 Law on the Right to Housing, as well as the signing of temporary contracts in which the temporality is not justified.
Likewise, the Ministry headed by Bustinduy, recalls that housing is a right and a basic necessity protected by the Urban Leasing Law, a regulation that prevents real estate agencies from including clauses or practices that violate the rights of tenants.
In addition, these clauses or practices could constitute various infractions included in article 47 of the consolidated text of the General Law for the Defense of Consumers and Users, and other complementary laws.
Among them, the breach of the regulations governing prices, the unjustified imposition of conditions on services not requested, the use of unfair commercial practices with consumers or users and the introduction or existence of abusive clauses in contracts.
The first two infractions could, in their case, be classified as serious and be sanctioned, according to article 49 of the aforementioned law, with fines of up to 100,000 euros, and these amounts could be exceeded to reach between four and six times the illicit profit obtained.
For the third infraction, and based on article 48, it could, in its case, be classified as very serious and be sanctioned with fines of up to one million euros, and these amounts could be exceeded to reach between six and eight times the illicit profit obtained.
This investigation is part of the priority action of the Ministry of Consumer Affairs to protect the rights of consumers in accessing housing.
Regarding the rights of tenants, Consumer Affairs has already carried out informative actions with market operators on potential abusive conduct in rental contracts.
These would be practices that are also contrary to current regulations, such as requiring tenants to pay disproportionate deposits, assume additional guarantees, or have to pay monthly installments in advance.
