Court ruling in the capital sparks debate
A Madrid court of first instance has issued a decision that could impact the rental housing market. The contract between Alquiler Seguro and a tenant was declared invalid. The reason: it included a service whose cost matched the monthly rent and deposit. The court found that this practice violates consumer rights and does not comply with current legislation.
Forced service fee and tenants’ reaction
Tenants who signed contracts with Alquiler Seguro reported they never requested an extra tenant support service. According to them, this option was added only after they had chosen the apartment, and it was not mentioned in the main rental agreement. With limited housing supply in the Madrid rental market, clients had virtually no opportunity to negotiate terms with the company. The court noted that such actions restrict consumer choice and transparency.
Company’s actions under scrutiny and consequences
The court concluded that Alquiler Seguro’s conduct was intrusive and misleading. Tenants were forced to pay for a service they hadn’t requested, increasing their upfront expenses well beyond standard rental conditions. As a result, the court ordered the company to reimburse clients €1,936 plus interest. The ruling is final and cannot be appealed.
Alquiler Seguro’s position and other court rulings
The company itself claims that their services are always provided at the client’s request and benefit them. Representatives of Alquiler Seguro refer to three court rulings which, in their view, confirm the voluntary nature of the additional options. In one recent case, another court in Madrid dismissed a similar tenant complaint, stating that the client used the service on their own initiative and repeatedly requested assistance during the contract period.
Differences in Court Practice
Despite the company’s position, court decisions in such cases remain inconsistent. In some instances, judges recognize that services are imposed and order refunds; in others, they conclude that clients knowingly agree to additional options. This situation highlights the challenge of regulating the rental housing market amid high demand and limited supply in Spain’s major cities.
