Rental acommodation scams in Spain: The latest in Supreme Court case-law

(Sentencia Tribunal Supremo 19-06-24)

The victim, while searching for a rental property, came into contact with the fraudster, who had posted an advertisement on an online portal. After agreeing to the terms of the lease, the victim transferred a deposit with the intention of moving into the property immediately. However, upon realizing that the entire arrangement was a scam, the victim was forced to rent alternative accommodations. The fraudster has not returned the funds obtained through this deceitful scheme.

The fraudster was convicted by the lower court as a necessary accomplice in the crime of aggravated fraud. This decision was upheld by the Superior Court of Justice and is now being challenged in a cassation appeal.

The Supreme Court dismissed the appeal, affirming that the established facts clearly constitute aggravated fraud. The Court found that the deceit employed was significant enough to cause the victim to part with their money, thereby enriching the perpetrator. In this case, the accused acted as a necessary accomplice by providing a bank account for the deposit, knowing that the property in question was not available for rent.

From a criminal law perspective, it is highly reprehensible to advertise a property for rent on the Internet when the person making the offer does not have control over the property. Exploiting the urgent need for housing in this manner constitutes aggravated fraud, as it aims to unjustly enrich the fraudster at the expense of individuals seeking affordable rental options.

The Court particularly emphasized the gravity of using the Internet—a medium with extensive reach—to perpetrate a rental scam using false identities. The urgent need for affordable housing often leads victims to lower their defenses and place undue trust in the legitimacy of online offers, making them more susceptible to such fraudulent schemes.

Sandra Márquez

Criminal and Family lawyer

CEO Expat & Legal Spain

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