Spain’s rental market is tight, and fraudsters are exploiting that pressure with a playbook that is crude but effective: post an attractive listing, invent urgency, and collect a deposit before the victim ever sets foot in the property. TechNews DevTop has reviewed guidance from the Policía Nacional and the Guardia Civil, along with the legal framework of the Ley de Arrendamientos Urbanos (LAU), to map exactly how the scheme works and where tenants can cut it off.
- No payment before a viewing: Both police forces repeat the same rule — never send a deposit, a reservation fee or a Bizum for a visit before seeing the home in person.
- Your DNI is a target too: Fraudsters often request identity documents under the pretext of renting, then reuse that identity to lure the next victim.
- Verification is cheap: A nota simple from the Property Registry reveals the legal owner and any mortgages or liens on the home.
- The law caps what landlords can demand: One month’s rent as a deposit, a maximum of two extra months as additional guarantee in contracts up to five years, and no obligation to buy rental-default insurance.
The script: attractive price, artificial urgency, no viewing
An officer from the Unidad de Delincuencia Económica y Delitos Tecnológicos of the Policía Nacional described the pattern: criminals publish listings on real-estate portals complete with photos, neighbourhood details and a tempting price, but “everything is fake.” The victim is then told the property is in high demand so that they send a Bizum or a bank transfer without ever visiting.
The Guardia Civil issued a similar warning in June 2026 about holiday rentals. The supposed owner stays friendly until it is time to show the house, at which point excuses appear: they are out of town, the flat is occupied, or it can only be shown by video call. The advice is blunt — if there are obstacles to a viewing, be suspicious.
Red flags include being asked for money before a visit, artificial deadlines such as “I have five other interested parties” or “only until tomorrow,” payments routed to an account or Bizum number that does not belong to the owner, and links sent to “reserve” outside the portal. The Policía Nacional warns against opening such links because they can be phishing attempts.
Bizum carries an extra trap: if the supposed landlord sends a money request and you accept it, you are paying. The direction of the transaction matters.
Identity theft: the overlooked second front
According to the same police officer, scammers frequently ask victims for their DNI on the pretext of processing the rental, then use that identity as bait in subsequent fake listings. In other words, someone who falls once can end up appearing as the “owner” in the next fraudulent advertisement.
The receiving accounts are typically held by “mulas” — financially insolvent individuals who lend their identity — and the money is withdrawn almost immediately. Asked whether funds can be recovered, the officer’s answer was no.
That shifts the priority squarely onto prevention. Never send a copy of your identity document to someone you have not met and with whom you have signed nothing. If you already have, treat it as a data breach and act accordingly.
How to confirm who actually owns the property
The answer is a nota simple from the Registro de la Propiedad, which states who holds title to the home and what charges it carries. According to the Colegio de Registradores, the most relevant information about a property — its description, “who the true owner is,” and whether it has mortgages or embargoes — is obtained through a nota simple or a certificación registral.
Some practical points:
- The nota simple is purely informative and reflects current titleholders, rights and charges at the time of request. The certificación is a public document signed by the registrar. For checking a landlord, the nota simple is sufficient.
- It can be requested from the corresponding Property Registry or online through the Colegio de Registradores website.
- Because you are not the titleholder, you must state a legitimate interest, since registry entries are protected by data-protection rules. Being about to rent the property is a reasonable justification.
With the document in hand, compare names: the titleholder must match the person signing the contract and the DNI they show you in person. If they claim to be renting “on behalf of a relative” or as an intermediary, demand written authorisation. If the owner’s name never appears in the conversation, walk away.
What a landlord can legally demand — and what they cannot
Knowing the LAU also protects tenants, because scammers tend to request amounts and concepts that do not fit the rules. Under the law:
- Deposit: Article 36.1 makes it mandatory, in cash, for one month’s rent.
- Additional guarantee: Permitted by agreement, but in contracts of up to five years (seven if the landlord is a company) it cannot exceed two monthly payments. For temporary rentals, the cap is one month.
- Rental-default insurance: The same article prohibits requiring the tenant to take out non-payment insurance or similar coverage.
- Agency fees: Article 20.2 states that property-management and contract-formalisation costs cannot be passed on to the tenant “under any concept or name.”
- Return: If the deposit is not refunded within the month following handover of the keys, it begins to accrue legal interest.
In addition, the third additional provision of the LAU allows regional governments to require owners to lodge the deposit with the regional administration for the duration of the contract. In the Comunidad de Madrid, for example, the Área de Fianzas lets both landlords and tenants check the status of a deposit — a simple post-signature check on whether the landlord is complying.
If, despite everything, you are scammed, keep messages, emails and receipts as evidence for the report, and file a complaint with the Guardia Civil on 062 or at a police station. Notify the portal where the listing appeared so it can be removed.
The deeper problem is structural: portals carry more responsibility here than they currently assume. A listing with stolen photos and an unrealistic price can go live and collect dozens of messages before anyone reviews it — that is a design failure, not an accident. Until that changes, the defence rests with the tenant, and it is inexpensive: an in-person viewing, a nota simple, and a firm refusal to pay anything for a home you have never stepped inside. No legitimate landlord loses a good tenant by waiting to show the property.