Tenant–landlord dispute in Madrid: uninhabitable apartment, deposit and rent withheld

I'm sorry to hear about the health issues you encountered. Under Spain’s Urban Leases Act (Ley de Arrendamientos Urbanos), a dwelling must be fit for habitation throughout the tenancy; severe mold or indoor-air problems that cause immediate respiratory symptoms constitute a breach of the landlord’s contractual and statutory obligations. Even though you never signed the written contract, the fact that you paid rent and a security deposit and received the keys creates a de facto lease, giving you the same protections as a signed agreement. The landlord’s refusal to allow an independent inspection and subsequent denial of access are unlawful, and you may invoke the right to terminate the lease for serious defect and demand restitution of all amounts paid, plus compensation for any damages caused by the unhealthy environment.

The typical course of action begins with a formal notification (burofax) outlining the defect, your health-related termination, and a request for the return of the deposit and prepaid rent. If the landlord does not comply within the statutory period (usually ten days), you can file a claim before the Juzgado de Primera Instancia in Madrid for rescission of the lease, reimbursement of the deposit and rent, and any ancillary damages. I can prepare the burofax in both Spanish and English, coordinate an independent environmental inspection, and represent you throughout the judicial process to ensure your rights are fully enforced. Please let me know if you’d like to schedule a confidential consultation so we can review the documentation you have (receipts, photos, medical notes) and outline the next steps.

Sincerely,
Ascendance International Organization