Lawyer Answers
Equity Law House
- Prepaid Rent: Since you paid for a month you did not inhabit because the owner requested you vacate, the landlord cannot keep that money; doing so constitutes 'unjust enrichment' (enriquecimiento ilegítimo).
- Security Deposit: This money is a guarantee for damages and must be returned if the property is in good condition. Dirtiness usually falls under 'normal wear and tear' and does not justify withholding the entire amount, especially if you have already offered to cover reasonable cleaning costs.
- Legal Protections: In Durango, if there is no written contract, the law holds the landlord responsible for this lack of formality and generally protects the tenant's rights to restitution.
Recommended Actions:
- Written Demand: Write a formal demand (via WhatsApp or letter) documented with photos of the clean property to establish evidence.
- Oral Trial: If mediation fails, you can initiate a Small Claims Oral Trial (Juicio Oral de Cuantía Menor) to recover your money plus legal expenses.
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