ericandleslie Posted July 10, 2015 Report Share Posted July 10, 2015 I'm three months into a year lease on a house I'm very happy with. The problem is that construction is beginning on the field adjacent to my house that serves as pasture for my horse, and a playground for my dog. I don't want to lock my dog inside all day, and I certainly can't keep my horse in my yard full time. He currently spends from dusk to dawn in his stall..in my yard. I've found a house with a hectare of land that would be perfect for all of us. I don't mind losing the 7000 peso deposit, but could I be held responsible for paying the balance of the lease? Link to comment Share on other sites More sharing options...
RVGRINGO Posted July 10, 2015 Report Share Posted July 10, 2015 I suggest that you see Spencer, Intercasa on this board, for advice. Much will depend upon your relationship with your landlord, as well as his status as landlord. Link to comment Share on other sites More sharing options...
bdmowers Posted July 10, 2015 Report Share Posted July 10, 2015 Sure, you signed a legally enforceable contract, but not many folks go to court here for that kind of thing. In fact, I`ve never heard of a landlord doing that. Here practical consideration takes precendence, like how much money it takes and how long it takes to get thru the court system. Breaking a lease is maybe somewhat less than common here but not much. Maybe others have different experience with this. Link to comment Share on other sites More sharing options...
Guest bennie2 Posted July 11, 2015 Report Share Posted July 11, 2015 they may be happy w/just keeping the dep. if not, spencer can make a "settlement". they can sign a paper releasing you from legal action. Link to comment Share on other sites More sharing options...
snowyco Posted July 11, 2015 Report Share Posted July 11, 2015 Does your lease include a clause describing the procedures for early termination of the lease?I ask, because our Notario puts in clauses allowing either party to terminate the lease contract early, with formal written notification from either party 2 months in advance of the termination.Talk with a good attorney, like Spencer / "Intercasa" . Link to comment Share on other sites More sharing options...
John Shrall Posted July 11, 2015 Report Share Posted July 11, 2015 Technically a tenant is responsible for the remaining months of the lease until such time as the landlord finds a replacement. Once the property is leased again there should be no further consequences. A good landord will try to work with a tenant when issues arise such as yours. We don't know your relationship. The whole legal action thing in Mexico is a little fuzzy in my mind. Chances are nothing would happen but it is always best to leave a relationship on the best possible terms. I've owned many rental properties over the years and as a landlord I never wanted to lose money but at the same time I always wanted my tenants to be straight with me when problems came up. It is best to try the amicable approach and see if there is some sort of resolution that could benefit both you and the landlord. Link to comment Share on other sites More sharing options...
Intercasa Posted July 11, 2015 Report Share Posted July 11, 2015 You need to review your lease and talk to your landlord. If your landlord was cheap and got a lease from the papeleria or off the internet then you have a better chance as it will be harder to enforce. If your landlord has a good attorney and has been burned before and had you sign an 8 page lease covering everything under the sun, then that might be a different story. I have seen landlords go after people as I am the one that accompanies the court to serve them or seize their property so dont be fooled, it does happen! Link to comment Share on other sites More sharing options...
solajijic Posted July 11, 2015 Report Share Posted July 11, 2015 I can imagine it would go either way for you. The thing is your landlord might be the nicest fellow or gal around but you are telling him you are leaving because someone is building next to you. Does he own that land? Did you have permission to table your horse there? or run your dog? If these advantages were part and parcel of your arrangement with the landlord then you should ocmplaim. However if these things don't have anything to do with your landlord and you say you want to move because of them he might just say no because he is going to have trouble finding someone to rent the place because of the building. Goodluck. I know people who have broken a lease and moved with no problem and 2 who had hell descend on them. Like anything it can go either way. Link to comment Share on other sites More sharing options...
mac52 Posted July 11, 2015 Report Share Posted July 11, 2015 Call your landlord, tell him you want out of the lease for thihgs that you have mentioned and he cannot cure. If you have attachable assets in MX, then you have risk. Not much but some risk. If you do not, and you and he cannot reach an amicable settlement, walk on the lease. It's a contract not a moral obligation...unless you belief systems designate it as such. Link to comment Share on other sites More sharing options...
cbviajero Posted July 11, 2015 Report Share Posted July 11, 2015 Call your landlord, tell him you want out of the lease for thihgs that you have mentioned and he cannot cure. If you have attachable assets in MX, then you have risk. Not much but some risk. If you do not, and you and he cannot reach an amicable settlement, walk on the lease. It's a contract not a moral obligation...unless you belief systems designate it as such. Are you saying that it's morally,ethically and legally acceptable to breach a contract that you willingly entered into? Link to comment Share on other sites More sharing options...
bmh Posted July 11, 2015 Report Share Posted July 11, 2015 A contract is an obligation in my book..I guess different people have different definitions.. Link to comment Share on other sites More sharing options...
RVGRINGO Posted July 11, 2015 Report Share Posted July 11, 2015 I'm three months into a year lease on a house I'm very happy with. The problem is that construction is beginning on the field adjacent to my house that serves as pasture for my horse, and a playground for my dog. I don't want to lock my dog inside all day, and I certainly can't keep my horse in my yard full time. He currently spends from dusk to dawn in his stall..in my yard. I've found a house with a hectare of land that would be perfect for all of us. I don't mind losing the 7000 peso deposit, but could I be held responsible for paying the balance of the lease? Of course you could, since you admit o being happy with the home you leased just three months ago. If it did not include the pasture next door, it would seem that point is irrelevant to your obligation. So, what to do? Perhaps you could work hard to find a new tenant for your landlord, or even sublet the home if that is not prohibited in your lease. The other option might be to go ahead and rent the other house and cooperate with the landlord in trying to find a new tenant; while paying both rents, of course. The current landlord is under no obligation to solve your perceived problem. The obligation is yours; to comply with your lease. Now, back to my previous suggestiion: Talk to your landlord, explaining your concerns in a non-threatening manner. Ask for his suggestions. If he has none, you remain obligated to him for the next nine months. Link to comment Share on other sites More sharing options...
mac52 Posted July 12, 2015 Report Share Posted July 12, 2015 Are you saying that it's morally,ethically and legally acceptable to breach a contract that you willingly entered into? I'm saying that a lease is contract, a legal obligation, that is witnessed by the Lease Agreement which has nothing to do with morality or ethics. When you go over the spped limit, do you say penance or run the rosary beads? Link to comment Share on other sites More sharing options...
cbviajero Posted July 12, 2015 Report Share Posted July 12, 2015 A contract is an obligation in my book..I guess different people have different definitions.. Apparently so. Link to comment Share on other sites More sharing options...
cbviajero Posted July 12, 2015 Report Share Posted July 12, 2015 I'm saying that a lease is contract, a legal obligation, that is witnessed by the Lease Agreement which has nothing to do with morality or ethics. When you go over the spped limit, do you say penance or run the rosary beads?In your first post you suggested that if the person breaking the contract didn't have attachable assets in Mexico they should just "walk away" from the lease,how ethical is that? Link to comment Share on other sites More sharing options...
mac52 Posted July 12, 2015 Report Share Posted July 12, 2015 In your first post you suggested that if the person breaking the contract didn't have attachable assets in Mexico they should just "walk away" from the lease,how ethical is that? How ethical is it for you to purposefully misquote me? Let me see if I can make this perfectly clear. Legal contracts have default remedies, that is why they are written and statutorily enforceable. That's enforcement, on both sides of the Lessor-Tenant relationship, is the entire grounds in which the lease contract is binding. The Pope doesn't care. It is the common ruse to attach moral obligations to legal contracts because this ruse serves the Lessor, The Mortgagor, the Debtee and serves nothing for the Obligator. If you wish to attach your religious, spiritual or other non-legal beliefs to a legal contract, that is your choice. Enjoy the consequences of it. If one chooses to understand that the ruse serves them not, then they can approach a legal contract with choices. If the legal contract no longer suits trhwe Lessee in this case, or the Lessor, then either can choose to not abide by its terms and, in that choice, they will be potentially liable for that choice monetarily and economically.That is the very underlying nature of Lease Agreements, legal contracts. As I said before, the first on this forum to raise their hand and claim that they pray for God's forgiveness when they break the legal contract they have for speeding, jaywalking or any other offense, let them step to the front or forever hold your [un]ethical peace-tongues. Since that will not happen, the point is made. Link to comment Share on other sites More sharing options...
Travis Posted July 12, 2015 Report Share Posted July 12, 2015 If the legal contract no longer suits trhwe Lessee in this case, or the Lessor, then either can choose to not abide by its terms …. And with that kind of wording, the lawyers enter... Going ALL THE WAY BACK to the original post, if "ericandleslie" were just casually using a neighbor's land for their horse and dog, without any specific right or claim to do that under the lease, and all of the sudden somebody decided to build on it, then what? …."on the field adjacent to my house…" is meaningless to me. Lots of missing information. Link to comment Share on other sites More sharing options...
Mainecoons Posted July 12, 2015 Report Share Posted July 12, 2015 Having been a landlord on many occasions, I found it was just more practical to keep the deposit than to deal with a tenant who doesn't want to stay. Any good lease contract is going to stipulate that the tenant is liable for the full cost of the lease over its term but in the real world it is difficult to make this stick. I would think it would be even worse with Mexico's contorted legal system. All Mac is doing is pointing out that one can "break" a lease understanding that they have liability up to the full amount of damages stipulated in that lease. I don't understand why that is controversial or anyone would question his ethics in pointing out the obvious. I agree that it was not very wise to lease a place on the basis that one's horse and dog might be able to use an adjoining vacant property which I'll assume is not owned by the landlord. It seems to me that as Mac and a number of others have pointed out, the OP can walk but had better be aware of the consequences. It might be cheaper to find a place to board the horse for the duration of the lease and just walk the dog. Link to comment Share on other sites More sharing options...
Sonia Posted July 12, 2015 Report Share Posted July 12, 2015 Of course landlord gives a factura every month as required by law, is registered with SAT and when landlord is an expat has legal right to earn income as per INM. Ethics is a two way street. :-) saludos Sonia Link to comment Share on other sites More sharing options...
francine59 Posted July 12, 2015 Report Share Posted July 12, 2015 Sonia - you are absolutely right. No sense paying over lots of cash or signing a lease that is illegal to begin with! Good post!!!!! Assuming OP is renting legally, if not, he is under no legal obligation to stay. Those Fractura's mean a lot when issues arise such as the ones he is now dealing with. If he does not have them he has an illegal rental to begin with. Link to comment Share on other sites More sharing options...
cbviajero Posted July 12, 2015 Report Share Posted July 12, 2015 How ethical is it for you to purposefully misquote me? Let me see if I can make this perfectly clear. Legal contracts have default remedies, that is why they are written and statutorily enforceable. That's enforcement, on both sides of the Lessor-Tenant relationship, is the entire grounds in which the lease contract is binding. The Pope doesn't care. It is the common ruse to attach moral obligations to legal contracts because this ruse serves the Lessor, The Mortgagor, the Debtee and serves nothing for the Obligator. If you wish to attach your religious, spiritual or other non-legal beliefs to a legal contract, that is your choice. Enjoy the consequences of it. If one chooses to understand that the ruse serves them not, then they can approach a legal contract with choices. If the legal contract no longer suits trhwe Lessee in this case, or the Lessor, then either can choose to not abide by its terms and, in that choice, they will be potentially liable for that choice monetarily and economically.That is the very underlying nature of Lease Agreements, legal contracts. As I said before, the first on this forum to raise their hand and claim that they pray for God's forgiveness when they break the legal contract they have for speeding, jaywalking or any other offense, let them step to the front or forever hold your [un]ethical peace-tongues. Since that will not happen, the point is made. Obviously you and I have a different interpretation of the meaning of the word ethical,and that's okay.. Link to comment Share on other sites More sharing options...
CHILLIN Posted July 12, 2015 Report Share Posted July 12, 2015 I think the lesson you learned is that this type of posting will attract the attention of the small number of sanctimonious wind nozzles who haunt this forum. Their dreams and aspirations have amounted to nothing, so they take great pleasure in trying to crush dreams and aspirations of others, especially those younger than them. Interestingly too, none of them live Lakeside, or have any intention to move or visit here. I suspect they think they are helping, by dishing up "the truth", but all we are left with is a bad smell, reminiscent of bad breath, old cheese, and stomach gas. Link to comment Share on other sites More sharing options...
cbviajero Posted July 12, 2015 Report Share Posted July 12, 2015 I think the lesson you learned is that this type of posting will attract the attention of the small number of sanctimonious wind nozzles who haunt this forum. Their dreams and aspirations have amounted to nothing, so they take great pleasure in trying to crush dreams and aspirations of others, especially those younger than them. Interestingly too, none of them live Lakeside, or have any intention to move or visit here. I suspect they think they are helping, by dishing up "the truth", but all we are left with is a bad smell, reminiscent of bad breath, old cheese, and stomach gas. You, Chillin, are the same poster who just the other day suggested swapping VIN tags with junked vehicles as a way for expats to get around the vehicle importation laws,aren't you?? Link to comment Share on other sites More sharing options...
wanderer Posted July 12, 2015 Report Share Posted July 12, 2015 situational morality at work. Link to comment Share on other sites More sharing options...
moderator-2 Posted July 12, 2015 Report Share Posted July 12, 2015 No more addressing personal comments to each other, please stay on topic. Link to comment Share on other sites More sharing options...
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