Jump to content
Chapala.com Webboard

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


jimfos

Recommended Posts

Unfortunately the only way to protect yourself sometimes is to know your rights and be equally as shady. I know many people, and I would unfortunately have to recommend the same, just refuse to pay the last month rent, knowing full well that they will never get the deposit back. As long as you asa tenant are vacating the property in good condition I'd say that's the best way to make things fair on your own. Just know that as a tenant you have more rights that the owner, which can be a very bad things for owners. They cannot change your locks or evict you without a lengthy legal process that no landlord or management company wants to get involved in.

On the flip side, if you own property that you are going to rent to tenants, choose them carefully. I know many people that only live here for part of the year but prefer to leave their home vacant the months they are away for this very reason.

Link to comment
Share on other sites

Guest bennie2

tio, you are in a country which conflicts w/our values (all cultures are not the same in general). i dont suggest starting trouble for your landlord. if you getinto the $ laundering issue, this will not end well...... for future, even if a landlord agrees to a "timely manner" & signs, this does not mean he will honor it. been involved w/some very unreasonable mexican home owners. mexican tenents themselves have problems too. some stories so crazy that there is little logic when it comes to the landlords behavior.

Link to comment
Share on other sites

Guess there's something inside me that is "screaming to get out." Sorry all are having to bear witness, but to each his own, eh? As far as skipping last month's rent...hard to do when they show up on first of month requiring payment. And come back and back...

A little turn about "fair play" seems appropriate in my case. Besides, as I mentioned above, I would rather donate deposit to a cause more worthy than a money launderer.

Link to comment
Share on other sites

Nomames...love your apodo! Wish I had thought of it. Too appropriate for blogs in general. Guess I should take it to heart, no?

About other's heads up "you are in a country which conflicts w/our values (all cultures are not the same in general)." Wow! Profound!! Insightful!!! Correct!!!! Before retiring I earned a comfortable living negotiating international contracts from Turkey to Ivory Coast to South America. Never paid bribes, kickbacks, etc. even though the opportunity was offered. Never had non-performance on contracts.

Did so in several of the local languages. Cultural awareness is quite beneficial in negotiating not to mention daily living. Personally, I enjoy cultural diversity and the opportunities for learning and broadening one's world view. If I didn't understand and believe this, I would have chartered a flight to attend recent CPAC 'show.' Alas, I didn't go. Weather was better here...not to mention conversation.

As this thread has veered away from my original intent, I will do as the soon to be ex (I hope!) MX Attorney General Jesus Murillo Karam (last name indicates he's an Islamic terrorist, right?) said "Ya Me Canso." You can ask your gardener how to translate this.

But I don't intend to bend over and take it as some suggest I do. That's their choice, not mine. Ciao baby.

Link to comment
Share on other sites

Me again...... FYI, initial response from PROFECO. My future actions depend on reply from rental agant. Or not.

In words Emiliano Zapata..."IT'S BETTER TO DIE STANDING UP THAN LIVE ON YOUR KNEES."

En contacto

Procuraduría Federal del Consumidor

Subprocuraduría de Servicios

Dirección General de Quejas y Conciliación

Dirección de Conciliación y Programas Especiales

“2015, Año del Generalísimo José María Morelos y Pavón”

A.... J.... F,

Thank you for your e-mail. The Consumer Protection Agency, PROFECO, is part of the administrative branch of the Federal Government of Mexico. The Department of Conciliation Services for Foreign Residents provides assistance towards trying to conciliate controversies for foreign or Mexican citizens living abroad that acquire any product or service from a Mexican supplier. Because of the administrative nature of this Agency, Profeco cannot dictate mandatory resolutions to resolve controversies presented before us; we assist the parties within a mediation/conciliation procedure; based on the terms of the contract that consumer supplies us.

According to Art. 73 of the Federal Consumer Protection Law: Acts related to real property shall only be subject to this Law when the suppliers are developers, constructors, promoters and other persons that take part in rendering advisory services and sale of housing to the public to be used as dwelling places, or when the consumer has been granted the right to use the real property through the timesharing system, within the meaning of Articles 64 and 65 of this Law.

In case that your claim is about a consumption relationship, we inform you that The Consumer Protection Agency, PROFECO, is part of the administrative branch of the Federal Government of Mexico. The Department of Conciliation Services for Foreign Residents provides assistance towards trying to conciliate controversies for foreign or Mexican citizens living abroad that acquire any product or service from a Mexican supplier.

ARTICLE 7. Any supplier is bound to inform and respect the prices, fees, warranties, amounts, qualities, measurements, interests, charges, terms and conditions, time periods, dates, modalities, reservations, and other conditions which such supplier has offered, assumed, or agreed upon with the consumer regarding the delivery of a good or the rendering of a service, and under no circumstance can these goods or services be denied to any person; therefore any charge involved in the transaction must be established in your contract, taxes included.

To be able to analyze your paperwork, it is required to submit the following information:

1. Complete complaint form. Description of claim should be in English translated into Spanish.

2. Copy of the ID of the persons who signed the contract (Passport or Driver’s License).

3. Copy of the full contract (all clauses and / or recitals)

4. Copy of the evidence of payment of the total amounts paid, such as credit card statements, issued by the bank.

5. Copy of the document showing the non-fulfillment by the supplier

Documents to Profeco should be send by mail to:

Procuraduría Federal del Consumidor

Dirección General de Quejas y Conciliación

Av. Jose Vasconcélos no. 208, 6º piso

Col. Condesa. Del. Cuauhtémoc

C.P. 06140, México, D.F. (Mexico City)

Or to this mean in an e-mail (ONE) below 5MB and PDF format, otherwise, please use the mailing services.

It is important to take in mind that in accordance with the Mexican legislation, all promotions and acts must be written in Spanish, and when it is written in another language must have the Spanish translation. Therefore and in order to continue with your claim, we need you to send us a translation of your formal complaint –see attached- (just the letter where you make a brief description of your claim), this in accordance with article 2 of the Administrative Federal Procedure Law (Ley Federal de Procedimiento Administrativo), and 271 of the Federal Code of Civil Procedure (Código Federal de Procedimientos Civiles).

All personal and confidential information collected by Profeco, will be considered as non-disclosed and protected by our Federal Laws and our services are free of charge. Thank you

LAURA MEJIA L.

Department of Conciliation

Services for Foreign Residents

De: xxxxxxxx
Enviado el: jueves, 26 de febrero de 2015 01:30 p.m.
Para: Conciliacion a Extranjeros
Asunto: return of rental deposit

While visiting Mexico, I was diagnosed with cancer. I rented a house during treatment. For the last 10 months the landlord and rental agent have ignored my inquiries. The landlord directly deposited my checks into off shore account as payment was in US dollars.

My question is 'does PROFECO get involved in such matters?

Gracias por su atencion

xxxxxxxxxxxxxxxxxxxxxxx

Sophos Secure “La información de este correo así como la contenida en los documentos que se adjuntan, puede ser objeto de solicitudes de acceso a la información”. Sophos Secure
Link to comment
Share on other sites

Me again...... FYI, initial response from PROFECO. My future actions depend on reply from rental agant. Or not.

In words Emiliano Zapata..."IT'S BETTER TO DIE STANDING UP THAN LIVE ON YOUR KNEES."

En contacto

"It is better to live one day as a lion than a hundred years as a sheep." - Italian proverb...

Link to comment
Share on other sites

  • 2 weeks later...

"It is better to live one day as a lion than a hundred years as a sheep." - Italian proverb...

Well put. Some attribute to Mussolini but much older. Must have been when he was kissing up like he did to Catholic Church. More representative quote of his was " We have buried the putrid corpse of liberty!" What can be expected from rabid socialist turned to rabid fascist?

Kind of back on topic... my Chichimec is better than my Nahuatl but Aztecs said "the enemy is but weeds to be moved."

With that in mind and referencing Nomames about renters' rights vs. landlord, last week passing Chapala market I saw a banner spanning 2 balconies. "Fulano (entire name spelled out) has no right to occupy this space....etc." Included phone # to call. Unfortunately when I returned 2 days later to take picture, banner was replaced by For Rent sign. Guess it worked.

BTW. IRS could care less about $ earned in MX by non-US citizen. HOWEVER, MX equivalent has jurisdiction and since landlord is not Pena Nieto's relative, lover. whatever...and looking to cover their 'you know what,' some pressure seems to be trickling down.

So Zeb, stayed tuned. I've shown a proposed Addendum to some rental agents and they fainted. Or can just sign contract, pay deposit and make no more payments. Let owner come after you. In MX they call such 'paracaidistas (parachutists).' Not my recommendation but works for a lot of poor who have been illegaly forced off their land and into cities.

Expect to have more on resolution of my situation in coming week. Anticipating a charitable contribution as stated above.

Link to comment
Share on other sites

Will start new thread to elaborate on success of being pendejo. Tune in manana

Link to comment
Share on other sites

To prefice my remarks, I want to approve of new MODERATOR Stance. Probably means I'll get kick off but doubt I'll be back anyway.

OPTIONS FOR RENTAL DEPOSIT RETURN:

1) Accept terms of lease and live with outcome.

2) Be a pendejo and not accept 'cultural' differences.

Concerning 1), my experiences have been mostly positive. A few uncalled for deductions, but....remaining deposit returned in timely manner.

However, 2) turned out to be winner in recent situation. Frequent trips/emails to realtor, postings at previous residence alerting current tenants to behavior of owner, etc. seem to have gotten attention. Since rental contract is worth less than paper one disposes of in bathroom, more aggressive actions seem to have trickled down.

SUGGESTIONS:

1) know your landlord. Thought I did as I put up with his butchered attempt at English during his bi-weekly visits to deliver lawn mower. Obviously didn't help.

2) before signing contract, do walk through with owner/agent. Take some pictures. Have them available when final walk through is done. In my last case, agent flew through house with no comments even though I questioned her. When I left, owner was parked around the corner and refused to acknowledge my presence even though I stopped beside his parked car to say 'adios.' Left me wondering...

3) include an Addendum spelling out timely return of deposit. If house has landline, expect couple of months for final bill to arrive. Otherwise, if gas topped up, etc., should be little delay.

4) in my case, I plan to include 3rd party signator. Especially appropriate if one is leaving country. My 3rd party will be local charity person. For me it will be Anglican church as I will donate deposit to them. They have good causes and a mechanism to follow up on to see donations are justifiably used. As state above, I would rather a good cause profit from deposit rather than unscrupulous landlord. This also should give owner/agent notice that a 3rd party is involved and whose interest is involved in timely return of deposit. Such can take burden off one for being pendejo and all efforts involved in acting as such. If you can't survive without deposit return, perhaps you shouldn't be renting anyway. Be prepared to amortize deposit over months of rental and accept it as cost of living wherever.

Ergo, duth endeth my spouting off. Next week orphans and others will benefit from my travails.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...