Rental scams in Spain: how to spot them and what to do if you've paid

1.How does a fake listing work?

The most common version is a flat that doesn't exist, or a real one with photos copied from another listing, at a very attractive price. The advertiser says they can't show it and asks for money in advance to «hold» it. Once you pay, they vanish.

There is also a version with a viewing. INCIBE describes a case in which a fake owner showed the flat, took three months' rent in cash and handed over a set of keys. It was a tourist rental, and INCIBE's theory is that they had rented it legally for a few days to get access.

Deceiving someone into handing over their money for profit is the crime of fraud (art. 248 of the Criminal Code).

2.Which signs should put you on alert?

One sign alone proves nothing: some owners really do live abroad. But if you see several together, don't pay, and check first:

• The price is far below similar flats in the area.
• The owner says they live abroad and can't show you the flat in person.
• They suggest an intermediary to hand over the keys or the contract.
• They rush you: you have to decide and pay now.
• They ask you to pay in advance, by bank transfer or through money transfer services such as MoneyGram or Western Union.
• They suggest paying outside the listing platform, or send you a link to «book». Don't open it: it may be fake.
• The bank account is in a different country from the supposed owner.
• The photos carry another site's watermark or appear in other listings.
• The listing only gives an email address, or it's badly written and full of mistakes.

3.How do I check that the flat exists and who is renting it?

Before paying anything, make these checks:

• Visit the flat in person. If you can't, ask someone you trust to go for you.
• Search online for the address, the photos and the advertiser's email, and look at the building on Street View.
• Compare the price with similar flats in the area.
• Ask for a nota simple from the Land Registry. You can request it online, stating your interest in the search, and it costs about €10. It identifies the property and its registered owner.
• Compare the name on the nota simple with the ID and with whoever signs the contract. If they don't match, ask why and ask for proof: it may be a representative or an agency.
• Search the address on Pisopedia. If there are reviews, you'll know more about the building. No reviews says nothing about the listing.

4.What do you really pay, and when?

art. 17.2art. 36.1

The safe way is to pay after seeing the flat and checking who is renting it, and to put it in writing. The Policía Nacional advises against paying anything in advance before seeing the property. The LAU doesn't require you to pay any holding fee.

When you sign, the landlord cannot demand more than one month's rent in advance (art. 17.2). The legal deposit is one month's rent (art. 36.1).

Think before making a transfer: the Banco de España points out that transfers are irrevocable payment orders. Pay into an account in the name of whoever signs the contract, and keep the receipt.

5.I've paid and I think it's a scam: what do I do?

Act quickly, in this order:

• Call your bank as soon as possible and tell them what happened. It must make reasonable efforts to try to recover the money by contacting the bank that received it.
• Don't pay anything else, even if they promise a refund in exchange for another payment, and cut off contact.
• Keep the evidence: the listing, screenshots, messages, phone numbers, the contract and the payment receipts.
• Report it to the Policía Nacional (091), the Guardia Civil (062) or the court.
• Tell the platform where you saw the listing so it can remove it.
• If you gave away bank passwords, change them. If you sent your ID or other details, or opened a suspicious link, call INCIBE on 017: it's free and confidential, and open every day from 8:00 to 23:00.