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My girlfriend is doing an Erasmus in Madrid, Spain, and she lives in a flat with some other roommates, none of whom has signed a tenancy agreement with the landlord (I know, not very wise...).

Today the landlord called them and announced them that they have to leave the place in 2 days. The problem is that the tenants have all given deposits, so most probably, if they don't leave the place immediately, they'll lose the deposits.

What would be the legal outcome in case they call the police? Is it possible that they have charges too because they haven't signed tenancy agreements?

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    Not signing a tenancy agreement is not a criminal offence. – davidgo Jun 29 '16 at 6:57
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What would be the legal outcome in case they call the police?

I'm not an expert in police law in Spain, but I think that your answer is "nothing in practice".

Is it possible that they have charges too because they haven't signed tenancy agreements?

Yeah, it is! Just theoretically, because they would be in transgression of artículo 8 f) del Texto Refundido de la Ley del Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados aprobada por Real Decreto Legislativo 1/1993, de 24 de septiembre.

However, not in practice because:

  1. They are not going to enforce the law in that sense.

  2. As we're writing about the case of a person that will be leaving soon, chances that law would be tried to be enforced are very very unlikely, partly because artículo 9 d) of the same law calls the owner as subsidiary responsible for the payment of the tax... and all of the State powers in Spain tend to de facto protect real state owners WRT pecuniary matters.

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