Facua-Consumers at Work has condemned about thirty real estate agencies for breaching the new Housing Law, which forbids landlords and agencies from charging tenants for services connected to rental transactions after it was found that some players were deploying tricks to keep collecting management fees and related charges.
The list of accused real estate companies includes Alquiler Seguro; Engel & Volkers; Alpha Real Estate; Housing; dflat; MC Property; Spanish House; Andrés Carro Features; Service Control; HMS Royal Estate; O my place; NSH; gallop; solfai; Modus Home Realtors; Hernan Real Estate; Aruncy2; Adamas House; Inmogest; Royal State Historical Center; Golden House; Consul Investments and Inheritance; Homelogic or Smart Real Estate. It also mentions Domus; Real Estate Antenna and Real Estate Investments; Next Door Barcelona and Alting; echo; Real Estate Agora; Lion Capital Group, or Dray & Partners, according to a statement.
Since the end of May, the association has been receiving a surge of inquiries from consumers about their rights. In light of these irregular practices, Facua urges tenants to exercise vigilance and considers filing formal complaints with the relevant authorities when warranted.
In parallel, investigations across multiple cities have been launched to identify agents who fail to comply with the new regulations. The goal is to document infractions and disclose new complaints to protect renters and promote transparency in the market.
At present, more than thirty agencies have been singled out by the association as engaging in these practices. The affected agencies are concentrated in Madrid, Barcelona, Seville, Valencia, and Palma de Mallorca. Some of the firms reportedly own rental properties in various municipalities within Spain.
Facua emphasizes that these agencies are using several strategies to continue charging tenants for property management costs or fees, despite clear legal language assigning those costs to the landlord. The aim appears to be maintaining a revenue stream from tenants rather than from the lease itself.
Among the tactics observed are notices that a given service must be paid by the prospective tenant as part of the rental package, usually reflected as part of the monthly rent. Others introduce new terms such as a “feasibility and economic solvency study” or rely on English phrases like “fees,” implying a comprehensive set of services that would be charged to the tenant beyond what is legally allowed. Such wording tends to obscure who bears responsibility for certain costs, confusing renters who only want a straightforward lease.
Facua advises consumers who encounter these charges to request an independent invoice for any paid concept, or to pay by money order while clearly specifying the purpose of the payment. This can help preserve records and support a potential dispute if the cost is later challenged.
After signing the contract and moving into the rental, tenants may still face requests for refunds of questioned amounts. The association recommends pursuing refunds through the agency involved and, if needed, pursuing formal remedies to recover any overcharged sums.
If a landlord or agency refuses to adjust or reimburse these charges, affected renters can file a complaint with the regional consumer authorities. In such cases, authorities can pursue penalties for violations of the Housing Law, and agents may face legal action for noncompliance or misleading practices. The pursuit of a formal complaint helps protect the rights of tenants and encourages stricter enforcement of rental regulations.