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Rental Deposit Return??? NOT!!!!!!


jimfos

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Have been around area since 2009 when I brought my 90 yr. old father down shortly after my mother's passing on. 3 great years and he went with a big smile on his face.

On return from time out in Brazil (am fluent in Spanish and wanted to better my Portuguese. Keep the mind working, no?), I was diagnosed with cancer so rented house during treatment. All OK and shared contract explicit expenses for washing machine repair, etc. I left after rental agent went through house and declared 'No Problema.'

It is now almost a year later and no deposit return. Deposit paid for telephono/electric bills pending. No other damages claimed... Have had some gratuitous expenses withheld from other rentals, but remaining deposit payment was made in full IN A TIMELY MANNER.

This time, however, rental agent (who moved from San Antonio to Ajijic) says owner claims NO RESPONSIBILITY because he didn't sign contract. Oh? I have copies of US$ payments made to him, in his name and off-shore account number... Ever declared income??? In US or MX?

I know others that have same complaints. Seems CORRUPTION and IGNORING OF LEGAL CONTRACTS have filtered down to local level. This post is Phase 2 of my indignation.

Understand strict defamation laws in MX. Why don't laws apply to all?? However, I have proof in black and white. Even documentation from rental agent who said she had my $$$. She is unresponsive after having stood me up various times with promises of payment.

ERGO... watch your back. The law may not help you.

At this point it is not the $$$ involved but my reaction to ongoing failure of MX system to address basic rights.

Hate to get Spencer involved, but... (he's probably as frustrated as us commoners).

Phases 3 and 4 organized but implementation awaiting resolution of issue......

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In four plus years of living here I have never heard of any tenants who dealt with a Rental Agency being refunded their deposit.

I know there are bad tenants and bad landlords. When I vacated my last rental Lakeside I asked the agent what the process was returning deposits. She reluctantly explained that they wait until phone, telecable, propane, electric etc bills are in which according to her took many months.

Since I paid the phone bills directly, had no extra charges, had no cable or tv, had paid the cfe up until day of moving, and the fact that the propane tank was empty when I moved in, I disputed this delay with copies of my paid to date utility bills. After a year I gave up arguing. In future, if the rental was in as good shape or better as when i took possession, I would not pay the last cfe, telmex, telecable bills nor refill the propane. Once the land lord those things from my deposit, hey can withold the small balance and it is less of a hit to the renter.

As I said, I know people who rent houses screwed by bad tenants so I understand both sides. I am not risking a huge deposit if I rent again. If paying my obligations results in still having to fight for the deposit return then I would just let the last few momths lapse and let them present me with an account balance of zero or minimal oweing either way.

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In the last 16 years, I have moved a lot, here in Mexico. I learnt to consider my deposit as lost money. That way, I am pleasantly surprised, when I do get it back. It is not that more people are more dishonest here,...... a lot of them (the landlords) often spend the deposit right away, instead of keeping it seperately (less long term perspective in the thinking). It is like a lot of businesses, who don't carry change (that is often simply because there is no extra cash to go to the bank and have some change). Lots of them go belly up, because of lack of cash or a financial buffer.

A friend of mine was one year in advance (in paying his rent), because his landlord never had any money.

I try to keep the deposit as low as possible though.

Another option is to do everything possible sothat your deposit is used as last month's rent (even though the lease doesn't allow it).

Rony

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In four plus years of living here I have never heard of any tenants who dealt with a Rental Agency being refunded their deposit.

I lived in a house managed by Ajijic Rentals for six years. I recently moved. After the final CFE and Telmex bill posted, I received an itemized statement and a refund of the deposit. The only money taken from the deposit was for those last two bills. Complete refund, received in a timely manner. Not an extra peso was taken out.

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All good comments and suggestios. BUT, heads up to those who havn't/aren't fighting battle...yet... and expect honorable conduct. That's why I posted. By nature I tend to uphold my end of contracts and finally got stung. Not my first rodeo but have continued to trust fellow humans. WATCHALE!

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It's a terrible violation to have your deposit unfairly withheld.

I made sure to go through an agency that had a reputation it wanted to protect, and I got all of my deposit back. It was Access Chapala and I found they were very honest and helpful.

However, I believe now they set up leases so that the homeowner, or some person living here locally who has power of attorney for the homeowner, takes your deposit. That is a situation I which I would not have any confidence. The remedies for judicial recovery here are useless.

If you wish, while it may be unpleasant, do not pay your second to last months' rent (assuming deposit and one month rent are equal amounts), so long as you've already prepaid your last months' rent, which is usually required upon moving in. I've actually had rental management companies advise me to do just that when dealing with individual homeowners or locals with power of attorney who initially took my deposit.

Then, continue to pay all utilities, and everything else you're obligated to pay for. The owner may scream bloody murder, but if you know they ave already spent your deposit then might as well take steps to protect yourself. In the end, you don't get ripped off, and the homeowner doesn't get ripped off or get an unearned deposit to line his/her bank account. I've heard of many stories of local managers who assist expats in "managing" their rentals for a monthly fee. Those mangers simply keep your deposit as they know you have no remedies in law. And, unless they are an actual business catering to expats, they could care less about developing a reputation for wrongfully withholding deposits. A bad review on Yelp only affecs a small handful of property management companies here.

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Guest bennie2

an american agent rented a house to a couple about 25plus yrs back. about 6 months later there was a knock @ the door. the owner had come down from the US. she said she hadnt recieved rent for over 6 months. the agent was no where to be found. the tenent produced all the canceled checks. turns out agent took the rent, left town. this is not a new thing. the story is true as i was visiting @ the time & answered the door.

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Guest bennie2

btw, to add to my comment: the rental agent also ran off w/the deposites as well as over 6 months rent. the owner of the house was elderly & had moved back to the US. question: if you dont pay your last months rent, cant the landlords turn off the water/electric/ect?

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My point is that renter beware.

If you go into LEGAL (??? hahaaaa) contract, be prepared as most have suggested for being ripped off. Man up and take it. Sorry but not my nature.

Why should I accept and condone corruption and getting taken??

If you want to continue to get shaken down by police. landlords and paying extra for licenses, etc., go for it. I chose another path.

Probably joisting with windmills but will make me feel better and perhaps give others a heads up. After all who wants to get involved in protecting ones rights? Even SOB? But stuff has to start somewhere.

Sorry for the rant. And the 43 'Disappeared Ones' and 76 in Tamaulipas and.............. 20,000+others.

All I would like is for my ex landlord to accept his obligation and let me go on...

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My martial arts training taught me always to be aware of my surroundings. My fault. Blame it on the chemo or whatever. I let my guard down and trusted. My responsibility for not paying attention when owner showed up on first of month wanting check in his name.

Use a trusted 3rd party as intermediary. Might help....

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I lived in a house managed by Ajijic Rentals for six years. I recently moved. After the final CFE and Telmex bill posted, I received an itemized statement and a refund of the deposit. The only money taken from the deposit was for those last two bills. Complete refund, received in a timely manner. Not an extra peso was taken out.

It was Ajijic Rentals whom I referenced above. No statement, no return calls, no one available when I dropped in, no intention of refunding the deposit. They didn't even bother to show up for the final inspection. I left the house in much better condition than when I leased it. You live and learn. I would never expect a refund of a deposit here now and would structure my last months payments to mitigate the losses.

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Guest bennie2

tio, there is nothing you can do here. you werent feeling well. otherwize you may have not even been in that situation. i assume everyone is guilty, easier that way.

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Yea. Mea culpa. However, not going to let it go away without standing up. Whole purpose of my post is to alert those that might just think here weather is nice and miss Taco Bell. You ain't in Kansas, Dorothy, or Ontario.... Enjoy the positive and be prepared for other

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Harry says. Profeco has complaint forms in english on their website. You can send them the complaint and supporting docs or go into Guad.

Also park outside with a sign "stiffed me for my rental deposit". You're not saying who so shouldn't be any prob legally (I'd check with a lawyer first, though)

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I know someone who also had this happen and they went to the office every day and stayed there complaining with a slightly elevated voice (not enough to be ugly, but enough for other customers to overhear). After about 2 weeks of this, they refunded his deposit. PM me if you want the realty office's name in case it is the same one.

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Suggestions about hanging out at office and putting up signs are already being implemented as part of Phase 2. Had forgotten about PROFECO. Unclear on the site if they would address deposit issue. I'll call for clarification. Am sending email to realtor about my actions. Hopefully the landlord will sue me. Then he'll have to answer for money laundering... Would love to get him involved in that mess. Haha. Appreciate input. Hope to report positive results soon.

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Guest bennie2

is the owner american or mexican? your post is not clear. unfortuntly mexico (& south of here) attract a bad element. if this is a mex landlord than stay away. if its a sleezy expat landlord, you can fool around more. get it? you may end up paying a fortune in legal fees. spencer would take the case, doute he would even reccommend that route. if you can blackmail the owner& sqeeze out the cash, than do so. i wonder if the agent AND landlord are both in this scam together? your story is typical. never in my life have i ever been exposed to more sleeze than here.

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Have already won if the word gets spread around. Too long no one talked about this issue just like other bigger things (police....other rip offs).

Face Book/UTube interesting concepst. Might need a video taker during some of my future 'inquiries.' My hands may be too busy to hold camera still. Would be a hoot to post them all over just like some I've recently seen of police/traffic 'offenders.'

WHEN I collect, I intend to donate funds to local charities. Obviously I've survived w/o $ and there are plenty of others with needs greater than mine.

En Contacto

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Sorry. I missed an earlier post. Landlord is Mexican (Guadalajara) and rental agent is Mexican (female) now from Ajijic. Understand about potential Mexican owner retribution. No one knows where I live now.

Not intending to 'blackmail' guilty parties. Nor to use lawyer. Other means are being employed. I'm working up to money laundering issue if land lord wants to chance it. Make my day!!!

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Guest bennie2

rio if they are mexican do not do anything, PM if you want. btw, these "issues" have beens talked about for decades. nothing new. the forums are full of these true stories & much worse. never detered folks from coming down here.

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Yes, Bennie2, nothing new. Does that mean one should stand aside and not "think for yourselves & let others enjoy the privilege to do so?" No comment necessary on "totalitarian screaming to get out."

Also, not my intention to deter folks from coming to MX. I was almost kidnapped during a business trip to DF a few years ago. And survived Peru and Central America during very tumultuos times. I keep coming back.

Did a little thinking on my own (go figure...) and it occured to me that perhaps some legal mind/s could come up with an addendum to stock rental agreements now used. A prospective renter could ask to have it signed in addition to regular one (which like most laws have no implementation clauses built in).

MX law does have Arbitration statutes in place (a la PROSECO, for example). But both parties must sign to agree for resolution. Basic idea of addendum would be to put landlord (and renter...) on notice that each must abide by law to honor contract in a timely manner. If landlord refuses, that would be a BIG RED FLAG about his future intentions, no?

Plenty of rentals around so I choose to screen landlord as a filter... A little late for my present issue, but there I go thinking on my own again. And having MY OWN OPINION. To each, no?

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