I am seeking brief legal assistance regarding a rental deposit that is being unlawfully withheld by a real estate broker and the property owner in Cuenca.
On December 19, 2025, my sister transferred $480 to a bank account provided by a real estate broker in order to temporarily reserve an apartment while a lease contract was being reviewed. The contract was sent only as a sample and was never signed or perfected, and possession of the apartment was never delivered.
On December 27, 2025, I formally withdrew from the rental and requested the return of the deposit. As of today, more than two weeks have passed, and the broker and the owner have refused to return the funds. They have stated in writing (via WhatsApp) that part of the money was given to the owner and that the remainder will only be returned once the apartment is rented again. No clause was ever agreed stating that the deposit was non-refundable, forfeitable, or could be used for appliances or damages. Their own draft contract limits forfeiture to situations after occupancy, which never occurred. I’ve documented this entire situation.
This appears to constitute unjustified retention of funds under Articles 2214 and following of the Ecuadorian Civil Code.
Atlas, 98 998 5543
City: Cuenca