Earl Posted April 13, 2014 Report Share Posted April 13, 2014 I have 9 mos more on my lease. The Lease states that 'if the tenant should terminate the contract prior to the agreed upon date, all monies held as deposit shall be forfeited as liquidated damages." Does that actually mean that I can terminate my lease and only owe the landlord the deposit? It also says that "if the Landlord has to enforce any provision of this lease, then the tenant agrees to pay and indemnify Landlord for all legal costs and charges, including a reasonable attorney fee incurred by the Landlord for such enforcement." I don't think the Landlord would go to court over this since this Mexican landlord is not registered with Hacienda and does not pay the tax on this rental nor on his business, and this is not his only rental property. Therefore, much would be at risk for him to take up a legal battle since I probably would not hold back on reporting him to Hacienda. Link to comment Share on other sites More sharing options...
sue Posted April 13, 2014 Report Share Posted April 13, 2014 Why don't you talk to the landlord and tell him you want out of your lease.Most people are reasonable if you are fair with them. Link to comment Share on other sites More sharing options...
Fox Posted April 13, 2014 Report Share Posted April 13, 2014 I think maybe talking to an Abogado would be the thing to do? Link to comment Share on other sites More sharing options...
Granada Posted April 13, 2014 Report Share Posted April 13, 2014 Talk to the landlord. Try to find a new tenant for them. Link to comment Share on other sites More sharing options...
Joco Posted April 13, 2014 Report Share Posted April 13, 2014 The landlord will settle for keeping the deposit and not bother to sue you because I'm sure the lease is irregular in some way. The trick is getting your deposit back. If the landlord isn't paying taxes on the rent I'm sure he doesn't want trouble with you. Link to comment Share on other sites More sharing options...
Guest bennie2 Posted April 13, 2014 Report Share Posted April 13, 2014 tenent wont get the dep back. it's unlikely landlord would go to court. i would just say, im leaving keep the $. maybe he will sign a release paper. if he threatens court keep your mouth shut. look for place & get out. he may call immigration or do something nasty. ask your lawyer first. Link to comment Share on other sites More sharing options...
CHILLIN Posted April 13, 2014 Report Share Posted April 13, 2014 If the lease is not in Spanish it is invalid. Link to comment Share on other sites More sharing options...
Earl Posted April 14, 2014 Author Report Share Posted April 14, 2014 The plot thickens. He does not actually have my deposit since he did not ask for one initially,and when I signed the lease, his wife, who also owns the rental property, told me not to worry about it. I have spent 3 mos rent here on improvements. Lease is in Spanish. Does that automatically make it valid? Link to comment Share on other sites More sharing options...
Guest bennie2 Posted April 14, 2014 Report Share Posted April 14, 2014 talk to him. see if he can sign a paper to ley you go, maybe it will work out, Link to comment Share on other sites More sharing options...
Joco Posted April 14, 2014 Report Share Posted April 14, 2014 The plot thickens. He does not actually have my deposit since he did not ask for one initially,and when I signed the lease, his wife, who also owns the rental property, told me not to worry about it. I have spent 3 mos rent here on improvements. Lease is in Spanish. Does that automatically make it valid? I've been told that if you are not fluent in Spanish the lease must also be written in your language. Why didn't you deduct repairs from your rent? The landlord is not going to hire an attorney and take you to court. It is too easy for you to leave the state or country and then he lost the money he spent on an attorney. There are all kinds of elements that need to be in a lease for it to be legal and I doubt the landlord wants to sue over it. There is a minimum time for a lease for the lease to be legal, rent must be in pesos, the landlord must be paying tax every month on the rent, etc. Link to comment Share on other sites More sharing options...
Guest Posted April 14, 2014 Report Share Posted April 14, 2014 You want to 'get out of' a rental that you were, at one time, all too happy to sign a lease for in a language you are not fluent in. Then you paid for repairs out of your own pocket- were you responsible for the repairs or was the landlord? Any receipts? Now you are not happy and want to leave. I am assuming either the landlord or his wife (who told you not to bother with the deposit)speak English. Why are you not willing to approach them about this? Something is missing here. They just might be willing to let you leave with no hassle, and, maybe not. Amazing how people want to 'get out of' situations they are in without tackling it in a civil, professional confrontation. Just maybe all would be fine. If not, then approach it differently. Link to comment Share on other sites More sharing options...
Guest bennie2 Posted April 14, 2014 Report Share Posted April 14, 2014 there is a piece missing. why hasnt the person either spoke to the landlord, or asked a lawyer? you also cannot assume things. joco is using commen sence, but that dosnt always apply. you dont know who the landlord knows, maybe he has a lawyer in the family. i know several cases of expats & mexican renters who have had big landlord troubles. mexican landlords do not always use business logic. (especially small town folks). there is retaliation, vindictive fighting. the worst case was my mex friend who rented from a mex landlady. also in this case we do not know if the expat has an FM3, permanent, or tourist. we dont know if he has a mex bank acct. we dont know the ramifications if he just leaves. we dont know if he can be traced. i also know of expats who have had horror stories w/mex landlords. none of the drama served the landlords in a business sence. Link to comment Share on other sites More sharing options...
hairysilver Posted April 14, 2014 Report Share Posted April 14, 2014 Where is this house, I have a friend who is looking for a place..PM me. Link to comment Share on other sites More sharing options...
cbviajero Posted April 14, 2014 Report Share Posted April 14, 2014 commem senceTypos? Link to comment Share on other sites More sharing options...
Zeb Posted April 15, 2014 Report Share Posted April 15, 2014 I have 9 mos more on my lease. The Lease states that 'if the tenant should terminate the contract prior to the agreed upon date, all monies held as deposit shall be forfeited as liquidated damages." Does that actually mean that I can terminate my lease and only owe the landlord the deposit? It also says that "if the Landlord has to enforce any provision of this lease, then the tenant agrees to pay and indemnify Landlord for all legal costs and charges, including a reasonable attorney fee incurred by the Landlord for such enforcement." I don't think the Landlord would go to court over this since this Mexican landlord is not registered with Hacienda and does not pay the tax on this rental nor on his business, and this is not his only rental property. Therefore, much would be at risk for him to take up a legal battle since I probably would not hold back on reporting him to Hacienda. Why are you moving? Is it a problem rental? Link to comment Share on other sites More sharing options...
traderspoc Posted April 15, 2014 Report Share Posted April 15, 2014 Business firend of mine said most Mexican's strategy its better to have made a bad broken agreement, than to take a good agreement to court Link to comment Share on other sites More sharing options...
Joco Posted April 15, 2014 Report Share Posted April 15, 2014 Why would a good agreement go to court? If it is good then all parties must like it and there is no reason to go to court. Here, the landlord goes to the municipal judge first to see if the judge can get an agreement. The judge cannot issue an order. Then if there is no settlement in the municipal court, it goes to court in Chapala unless it is written in the lease that disputes are filed in another jurisdiction. If it goes to Chapala the landlord will usually lose. Link to comment Share on other sites More sharing options...
Guest bennie2 Posted April 15, 2014 Report Share Posted April 15, 2014 joco, we know zero about this situation. the tenent needs to see a lawyer. re read my post #12. even my mex lawyer said that mex landlords can be irrational. the tenent hasnt stepped forth to tell us details either. Link to comment Share on other sites More sharing options...
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