The Ministerio de Derechos Sociales, Consumo y Agenda 2030 has opened a sanctioning file against Alquiler Seguro, a prominent real estate agency operating across Spain, for alleged abusive practices against tenants in rental management. This action, initiated on March 27, 2025, stems from an ongoing investigation that began in October 2024, which may also implicate other real estate companies.
According to a press release from the ministry, the Dirección General de Consumo started requesting information from various real estate agencies after receiving complaints from consumer advocacy groups, including Sindicato de Inquilinas-CECU, FACUA Consumidores en Acción, and the Organización de Consumidores y Usuarios (OCU). These complaints highlight several infractions, such as imposing fees on tenants for lease management, requiring tenants to purchase insurance, and mandating the use of unsolicited services.
These practices are in direct violation of Spain's housing law, which explicitly prohibits landlords from passing on management and contract formalization costs to tenants. Such infractions can lead to severe penalties, with fines for serious breaches potentially reaching up to 100,000 euros. In cases classified as very serious, fines can escalate to one million euros, with the possibility of exceeding these amounts based on the illicit profits obtained.
David Caraballo, CEO of Alquiler Seguro, publicly stated that the company has been compliant with regulations for the past 17 years. "We adhere strictly to the law, and we are open to reviewing any procedures that may require adjustments based on the interpretation of the Ministry of Consumption," Caraballo remarked during a press conference. He emphasized that the company operates transparently, with all services and contracts available on its website.
However, the allegations against Alquiler Seguro are serious. The consumer association FACUA revealed that the agency had been charging tenants the equivalent of one month’s rent plus 21% VAT for what they termed a "tenant service." This charge has been criticized as an illegal commission, a practice that was prohibited by the recent housing law.
In response to the ongoing scrutiny, Alquiler Seguro has been given the opportunity to present its allegations regarding the proposed sanctions. The company may also choose to acknowledge some or all of the violations, commit to rectifying them, and pay a reduced fine.
This sanctioning procedure is not isolated. The Ministry of Consumption has previously opened a sanctioning file against a platform dedicated to renting tourist homes, which was found to be advertising listings that violated consumer protection laws. Additionally, in February 2025, the ministry initiated sanctions against companies managing tourist homes across various autonomous communities for providing misleading information.
The Ministerio de Derechos Sociales, led by Pablo Bustinduy, has reiterated its commitment to protecting consumer rights, particularly in the housing sector. The ministry's actions are part of a broader initiative to address what it describes as abusive practices that have made renting increasingly difficult for many Spaniards.
In light of these developments, the Sindicato de Inquilinas has called for further legal action against Alquiler Seguro, asserting that the agency's ongoing collection of fees from tenants—fees that should be the responsibility of landlords—constitutes a structural violation of the law. They argue that the company has employed tactics that not only exploit tenants but also mislead property owners.
As the investigation continues, the ministry is also examining the practices of other real estate agencies to ensure compliance with housing laws. This includes scrutinizing the legality of charges imposed on tenants and the transparency of rental agreements.
In conclusion, the actions taken by the Ministerio de Derechos Sociales highlight a significant step towards enforcing tenant rights and ensuring fair practices within the real estate sector. The outcome of this investigation could set a precedent for how rental agreements are managed in Spain and may lead to stricter regulations to protect consumers in the housing market.