Real Estate Agents Under Fire for Demanding Proof of Income from Potential Tenants

DECO has received complaints from potential tenants who are being asked for pay slips and proof of income before signing any rental contracts.

DECO has recently received numerous complaints from potential tenants who have been asked to provide pay slips and proof of income in order to visit a house. These documents are being requested by real estate agents who claim to be ensuring the fulfillment of rental contracts with landlords. However, potential tenants report that this demand is made even before they have signed any rental contracts, without there being any contractual relationship established between them and the real estate company.

In 2018, a bill was published approving the model real estate mediation contract with general contractual clauses, which include the identification of the business, the identification of the property, the liens and charges, the contracting regime, the payment, the obtaining of documents necessary for the realization of the business, guarantees of mediation activity, the term of the contract, and the duty of collaboration and obligations of the second party. According to this decree, the future tenant must cooperate with the agent in providing all the useful information. However, DECO does not agree that documents such as tax returns and pay slips can be requested without breaching the principles laid down in the General Data Protection Regulation (GDPR). All data collected must be adequate, relevant, and limited to what is necessary, as well as being used for specific, explicit, and legitimate purposes, and cannot be further processed in a way that is incompatible with those purposes.

There are more and more complaints, as well as concerns and doubts relating to the early payment of rent and the amounts of security deposits. The 2023 State Budget Law, which introduced an amendment to the Civil Code, establishes new regimes for these two matters. Thus, if there is a written agreement, the rent can be paid in advance for a period of no more than two months, and the landlord can only ask the tenant for a deposit of no more than two rents. DECO is against the request for money from the future tenant to visit a property, as it is not included in this regime, nor does it have a current legal framework. The association argues that legal solutions should be developed for this type of matter.

The demands made by real estate agents for pay slips and proof of income from potential tenants have raised concerns about privacy and legality. DECO is advocating for a clear legal framework to address these issues and protect the rights of consumers and tenants.