Discovering that a property manager is not passing on rent correctly is more common than owners expect — and Spanish law gives you real options, both to recover the money and to hold the manager accountable.
What your property manager actually owes you, legally
A property manager acting on your behalf in Spain is generally bound by a mandate contract or management agreement, which legally requires them to act in your interest and to account properly for any rent or other money collected on your behalf.
When a shortfall becomes a breach
If you request a full accounting of the rent collected and the manager cannot or will not provide it, or the figures do not reconcile with what tenants have actually paid, this can amount to a breach of the management contract — and potentially something more serious.
Civil claim, criminal complaint, or both
Recovering money you are owed and ending the management relationship is typically pursued as a civil claim. But deliberately withholding money that belongs to you, rather than simply mismanaging it, can also constitute apropiación indebida (misappropriation) under Spanish criminal law, depending on the specific facts.
Before you act
Check your management contract’s termination clause — some require written notice or a set notice period even when you have grounds to end the relationship. Gather bank statements, the contract itself, any tenancy agreements the manager signed, and all correspondence about the missing funds before confronting the issue formally.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es if you believe your property manager is not accounting for your rent properly.
Frequently Asked Questions
What legal relationship do I have with my property manager?
A Spanish property manager acting on your behalf is typically bound by a mandate contract (contrato de mandato) or a management agreement — they are legally required to act in your interest and account properly for any money collected on your behalf.
What can I do if rent is not being passed on to me?
You can demand a full accounting of rent collected, and if the manager refuses or the figures do not add up, this can amount to a breach of the management contract — and, in serious cases, a criminal complaint for misappropriation (apropiación indebida).
Is this a civil matter, a criminal matter, or both?
It can be both. Recovering the money and terminating the contract is typically a civil claim, while deliberately withholding funds that belong to someone else can also constitute a criminal offence under Spanish law, depending on the facts.
Should I terminate the management contract immediately?
Usually yes, once you have clear evidence of the problem — but review the contract’s termination clause first, since some agreements require formal written notice or a specific notice period.
What evidence should I gather before acting?
Bank statements showing expected vs actual rent received, the management contract itself, any tenancy agreements the manager signed on your behalf, and copies of all correspondence with the manager about the missing funds.
Rent is not the only thing that can go wrong with a managed property — see our guide to what to do about a neighbour’s building works damaging your property.
This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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