SKYFLATS review: Did not deposit or return our bond of 1000Eur 6

Skyflats is run by Marcos Leszinsky. We rented a flat at Carrer Lluis Vives 08012 In Gracia, Barcelona from this man who works for the landlord Lola. From the beginning we were clear that we needed a clause in the rental agreement allowing us to end tenancy with short notice (45 days) as it was a studio apartment and we were moving from Australia after marriage to live in a studio for the short term convenience of a furnished flat with all amenities. My husband dealt with the contract as I was still in Australia. Whilst formulating the initial contract, Marcos conveniently omitted the short term clause and the last page containing the owner's signature which makes the contract invalid if missing. My husband requested these additions be made prior to signing and paying a bond of 1000 Euro. After the money was handed over, my husband asked Marcos a question and was told "What part do you not understand? Deal with the landlord now, not me."
We moved in to a dirty apartment and cleaned it but noted that they charge a 50 Euro fee for cleaning to tenants when they leave. We do not believe they hire cleaners at all, but simply pocket more Euro.And yes, like the other complaint on this site, there were bedbugs, fleas, and silverfish galore in the apartment and we got an uncle to do the pest control, as this is his business, for free. A neighbour who knows the landlord also informed us that the landlord was involved in "bad things" though she would not say what. From August 2011 to December 2011, we paid our rent of 900 Euro (including 100 Euro for gas+ elec+water) on time, kept the apartment clean and my husband fixed things like the toilet seat and lights in the kitchen. We also, kindly, always put our landlord's mail into a neighbour's mailbox for her to collect. What landlord gets their tenants to collect their mail?
Then we found our new home of 95sq m for only 50 Euro more as we needed more than 40sq m to live in (they advertise it as being more than this but it is not). We gave our notice on approx 20 Dec 2011 and moved in to our new home on 24 Dec 2011. I cleaned the apartment inside out, scrubbed walls, inside cupboards etc. I rang Marcos to arrange for him to pick up the keys the next week. He hung up on me with no apparent reason. I called back and requested he call me and not my husband to organise this after he answered his phone saying "Listen, I am in a meeting right now." He is really abrupt unless he is making an initial attempt to rent to you. He managed to have us take the key to Skyflats office in Barceloneta on 26 Dec 2011. We dropped them in the letterbox there. We kept our copies as we still had a contract.
We asked Marcos to please try and rent the apartment as soon as possible. Understandably, like anyone, we did not want to continue paying rent at two properties. The real estate agents who rented us our new home expressed interest in renting out the Gracia property as they said it would be fast since that area is so popular and there would be no need to pay double rent. Marcos called my husband the next week to offer "a deal". On the 5 January, my husband drove to the Skyflats office in Barceloneta and Marcos said my husband could pay 700 Euro and sign a piece of paper rescinding the contract and that's that. Why would we pay when the apartment could be rented out and we could avoid losing this much money? Marcos pointed only to the part of the contract that stated it was a year long rental and told my husband they could take us to court and have us pay out the 12 months of the lease. My husband told him we had an additional clause of 45 days notice. Marcos denied this and only had a copy stating it was a 1 year contract. He told my husband that he did not want to go to court as it is a lengthy process and he knows because he is currently in court for not having a contract with a cleaner! My husband refused and, given the number of unethical strategies of this Marcos Leszinsky to date, went to the registry of bonds to check if our bond had been lodged there as the law requires.
My husband is Catalan so he has the advantage of knowing the laws and being able to communicate with the authorities but travellers or immigrants would not have these factors on their side. We suspect that Marcos takes advantage of traveller's lack of knowledge and language and transit to swindle them out of their bond (someone who cannot stay here for a long time cannot dispute the wrong doings of this man). This lady from NZ is a case in point [SKYFLATS — DODGY APARMENT RENTAL. The registry conducted a search and found that no bond was registered there for the property. This is illegal and a fine will be served in the future. That means our bond is nowhere safe! Under advice from the registry, my husband contacted the owner, and not Marcos. He informed her of the non lodgement of our bond and requested that we find some solution to this problem. She replied in an email stating "what's right is right and we will find a solution".
One week passed without a word from the landlord. My husband had left some documents at the property including university certificates, photo albums and our warranty book for our motorbike. He went by to pick them up on Monday 16 January 2012 as we still had a contract and our keys and no notification of the apartment being rented. He was surprised to see light under the door and knocked. Surprise! The apartment had been rented out and the man who lives there now moved in on the 9 January 2012. The man invited my husband in and my husband collected his private documents. That man was just as shocked that someone else still has a contract on the apartment he holds a contract on. They shared information and they called the landlord together. The landlord accused my husband of entering the property by force and that she would call the police. Both he and the man now living there denied this together over the phone. The landlord said she "was going to call to tell you I rented the apartment". And our bond? Today is the 17 January 2012, a woman who claims to be a lawyer called my husband (with her children screaming in the background) and stated that the landlord claims he was abusive to her and entered the property we have a contract on by force and that he is not to contact her directly. She also stated that we have to pay for 45 days rental of the property when in actuality, as it was rented on the 9 January 2012, we owe only 13 days rent which means they owe us over 700 Euro. My husband asked her to identify herself and she gave a mobile number and the name of a firm that has no website "GM Lawyers". We doubt this lawyer is bone fide. The man living in the property has volunteered to send an email to verify the date he started his tenancy and that my husband has done nothing wrong and was invited to enter the property last night.
How can a process of renting, governed by clear laws and processes become so complex and unethical?
We are going through the legal channels of consumer rights to recover monies owing to us. We are lodging all the documents we have with the authorities and requesting the registry continue with further investigations of Skyflats and the landlord. We believe that Skyflats, not actually registered as a company and with PayPal payments going directly to Marcos Leszinsky, repeats this process of stealing people's bond money and is likely especially delighted to have travelling renters who have no language, legal knowledge or time to defend their legal rights in Barcelona. DO NOT RENT WITH SKYFLATS / Marcos Leszinsky Carrer del Mar, 5 Bajos. 08003 Barcelona +[protected] skyflats.es