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what is the jalisco law regarding kicking out a renter

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Have an elderly friend that is paying rent, was promised 3 year long term rental verbally no lease,but owner wants to occupy property.

what are their  rights in Jalisco mexico. chapala  They  are paying their rent on time. the rent is above average for the area they live in

they make deposits directly to owners bank account

owner wants to occupy may 1st 2016.

what advice can we give them to stay longer. they have been there over 1 year. oops corrected 2 years 2 months

she is elderly,and a move would be stressful.

they do not want to move and are willing to legals fees

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With no lease, and occupancy of less than 2 years, they don't have many rights. Besides, if the owner is a Mexican, do they really want to try and fight him/her? My bet is the owner will have a lot of pressure he/she can bring to bear, making their lives less than comfortable and maybe even scary.

Sorry, but better they bite the bullet and get packing.

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Even if the landlord had honored the verbal agreement, ( which was worthless and can't be proven by either party ) your friend would have had to move in 10 months when the 3 year "term" would be up, so she may as well move now as then, don't you think?  She has to move either way if they want their house back, and why get into a stressful fight and involve lawyers when you have to go in 10 months anyway? She is only going to get older between now and then, and getting into a legal hassle will age her at twice the normal speed. Maybe you can help her to see that she should just move on.

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thanks for PM

To just stay in the house and keep paying rent.

if some way the money is refused, pay into court escrow, while litigation takes place,  it will take years for this to be settled.

 you have possession of the house.

That i know you feel betrayed, wish you well stay healthy. enjoy your life. keep cool.

Do not say anything to stir up the situation. keep quiet.

The owner has a problem not you. (think of it that way)

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IMO, Gimpy Chimp gave the best advice.  They will have to move anyway, so it's just going to get more stressful for them.

Why not go to a good rental management company and let them do the work of finding a suitable rental.  Have them find the couple a place which will give them the proper lease in Spanish for the term they want.  Moving is tough.  Litigating is worse.

 

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IMHO -- this is an area where you need to contact a Mexican attorney for advice. People here have good intentions and opinions, but this is something serious where the renters need to get professional advice. There's an attorney in Ajijic by the name of Azucena Bateman who could offer you advice and/or some direction. She has done legal work for several friends of ours. 

 

Azucena Bateman (Campos)

Ocampo #30, Ajijic

766 1654

legalabc@yahoo.com.mx

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In the early 2000's an older couple rented a house about 1/2 block up from the main gate of LCS. Too long ago to remember all the details, but the Mexican owner died, and the people had a lease and wished to remain in the house.

Some relative (nephew???) inherited the house and wanted the people out because he had "plans" for it. The people dug in their heels.

Very soon after, they were both found dead in the home.........  and I can't remember anyone actually being convicted of their murders. Based on this event, I still think a little self-preservation goes a long way.....

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Hmm, I am starting to see some pretty racist answers here.  Before this topic gets really out of hand the short answer is, barring a miracle your friends will have to move. I know this is upsetting but the only other alternative is to make a real nuisance of themselves. Whoever is advising that option is advising entering into an ugly situation where everyone loses. This landlord must have been a good one if they stayed that long and still wish to stay on. They have been given more than ample notice and the landlord has every right to retake possession for a family member, especially in the absence of a lease. Are your friends sure they want to start a war against someone who seems to have treated them well? If the answer is no then suggest to them that as hard as it is, they need to start looking. Now that the snowbirds are leaving they will soon have ample selection available and with a gracious acceptance of the inevitable, the right attitude and a good rental management company, they may even have some fun looking. If you are a good friend, you could even offer to help for the moving day. Of course, there are even people who can be hired to take care of all that too....and you and your friends could "supervise" while sipping a long margarita or three.

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There are 8 months left and then the renters have to move, rather than litigate ask a little more time from the owners to be able to find the right place and move . Litigation is a pain  and costly and frankly the 8 months will be up before we know it. The renters will have to move and waiting will not make it any easier .

Get another place and this time go to an attorney and get a good lease.

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8 hours ago, Semalu said:

Hmm, I am starting to see some pretty racist answers here.  Before this topic gets really out of hand the short answer is, barring a miracle your friends will have to move. I know this is upsetting but the only other alternative is to make a real nuisance of themselves. Whoever is advising that option is advising entering into an ugly situation where everyone loses. This landlord must have been a good one if they stayed that long and still wish to stay on. They have been given more than ample notice and the landlord has every right to retake possession for a family member, especially in the absence of a lease. Are your friends sure they want to start a war against someone who seems to have treated them well? If the answer is no then suggest to them that as hard as it is, they need to start looking. Now that the snowbirds are leaving they will soon have ample selection available and with a gracious acceptance of the inevitable, the right attitude and a good rental management company, they may even have some fun looking. If you are a good friend, you could even offer to help for the moving day. Of course, there are even people who can be hired to take care of all that too....and you and your friends could "supervise" while sipping a long margarita or three.

Semalu, I certainly hope you did not take my response as "racist".  ALL our landlords have been Mexican, we have Mexican friends and acquaintances, and in fact are naturalized Mexican citizens who love this country and its people.

But one has to realize that on occasion situations are "handled" differently in this culture than in the north, and one such situation occurs when  Mexican wants you out of his property -- lease or no lease, verbal or written. I have only presumed the owner to be Mexican because less likely foreigners would  want you out early (no tenant, no rent)  unless they have a good reason which has not been stated. 

 And far less likely a foreign owner would resort to the obvious steps taken in the case I mentioned, if for no other reason than they would not know how to arrange such an event!

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Natasha I absolutely correct. I know her. And what she told you has happened before, and will again. Things are different here. In my own case, I had my life threatened, twice, by my builder, because I had the nerve to ask for my money to be returned, after he had stolen it. Not being one to lie back and take it, I tried litigation....waste of time and more money. 

The best advice was given. They will have to move soon anyway. Find a better place, get a lease, forget about the old place, and enjoy life. You will be happier. 

 

 

 

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The renter will definitely have to move, and should be grateful for so much advance notice of that fact. It may not make them happy to move, but it will make it easier for them to have a good reference from the current landlord. Renting is always a temporary situation, isn‘t it?  When the shoe is on the other foot, a landlord always hates to lose a good tenant.

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11 hours ago, Semalu said:

Hmm, I am starting to see some pretty racist answers here.  ....and you and your friends could "supervise" while sipping a long margarita or three.

This is the word used when you post something that someone does not agree with, or they have been sipping too many margaritas, such as the above. I have always found those who use the "r" word to be the most racist of all people. YMMD.

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33 minutes ago, Hud said:

This is the word used when you post something that someone does not agree with, or they have been sipping too many margaritas, such as the above. I have always found those who use the "r" word to be the most racist of all people. YMMD.

When you make a blanket statement like that, it would help if knew more about the people you're talking about.  I do know some of them, and NO WAY are they racists.  The worst racists I've heard of are pushing legislation designed to keep certain groups out of the voting booths in the U.S.

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Natasha, there was nothing racist in what you said..you just told the story as I remmber it as well. The older couple was killed just before I arrived and I heard they had been in a fight with their Mexican landlord who wanted them out..We got here in July 2001 and it happened ither that year or the year before. That was the story around town, do not kow if anyone was ever convicted..I do not remember that part.

 

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19 hours ago, Natasha said:

In the early 2000's an older couple rented a house about 1/2 block up from the main gate of LCS. Too long ago to remember all the details, but the Mexican owner died, and the people had a lease and wished to remain in the house.

Some relative (nephew???) inherited the house and wanted the people out because he had "plans" for it. The people dug in their heels.

Very soon after, they were both found dead in the home.........  and I can't remember anyone actually being convicted of their murders. Based on this event, I still think a little self-preservation goes a long way.....

Actually, pre-2000.  Melba Wasey, 90, and her partner Robert Koll, 91, were murdered in September 1999, allegedly by hitmen hired by a relative of the deceased owner of the house the elderly couple rented.  The relative, as Natasha mentioned, wanted the house for his own use.  As far as I remember, the alleged hitmen were never charged and the relative fled to Switzerland.  

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I'm sure you're right on the year, More Liana--- I remembered we had been here for some time prior, but was a little fuzzy on the details. I do remember it sure taught us a lesson that we needed to remember at all times that this is not Canada, the U.S., or any other place --- and it has its own ways of dealing with things.

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Guest bennie2

1) when something is uncomfortable you yell racist. knock it off already we are not in red china, or the collge campus. (no gringal, some politicians dont want undocumented people to vote- valid ID is protocol, but thats not the subject @ hand). the "R" word these days means jerk, or a baaaad person. its a way to shut out truth which doesnt fit the narrative. y2) natasha you are worse for playing the game. you never have to qualify what you say. stand by the facts. namecalling doesnt change what is. 3) the 2 elderly people were murdered, i was visiting after it happend. (it was a 10 year lease). that wasnt the first time either, as there were incidents before that. yes, this is a different culture, they sometimes resort to violence. this is a small backwater town in mexico. its considered a "personal dispute". why take chances? youre in another country. 4) when an expat owns a house it is the opposite. the tenents can stay on for years when lease is expired. the expats give up after spending 1000s of $$ in legal fees. they lose their property & go home. the unwanted tenent becomes a squatter after several years. the laws are weird for both sides. its unheard of for an expat to resort to the extreme violence. 5) yes, there are landlords/realestate corps in the US in major cities who have been very mean to elderly. they shut off the heat the electric, sometimes sent thugs harrass them to get them out (mostly in the 1980s). this is even if they have a long lease. my friend had no heat in winter, then a mysterious electric fire which distroyed her her furniture. some states have strict laws now to protect elderly from this. they also offer to pay people to leave. my friend didnt investigate these options as i tried to help. 4) it doesnt matter what the law is in mexico, it is not enforced. in all fairness, the lady has a lease which is being honored until the end. the 3 years is not up. she has 8 months to move. maybe someone can help her. EDIT: do they want her out in 5 1/2 weeks? thats kind of short. maybe someone can help to get the time extended to say july 1st? 

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8 hours ago, gringal said:

When you make a blanket statement like that, it would help if knew more about the people you're talking about.  I do know some of them, and NO WAY are they racists.  The worst racists I've heard of are pushing legislation designed to keep certain groups out of the voting booths in the U.S.

I have always found that those who use the "racist" word so freely against others to be the most racist people themselves. YMMD. Just because you know some of them does not mean they are not racist. Racist, to me is not someone who pushes legislation designed to prevent illegals (black, brown, red, yellow, white, etc, ) from voting in the elections where they are not allowed to vote.(I call those concerned citizens). See, that statement by you is a wonderful example of how the "r" word is thrown around easily toward someone that does not agree with you. But, I'm sure you also realize that "racists" can be used against any color, not just whites, right? Too many people look the other way when the "racist" is not white. If we are going to call a "spade a spade", lets call all of them spades, no?

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Guest bennie2

these social justice warriors (SJW) have their "protected" groups. (no groups should have special protections except elderly & disabled). most folks just repeat what they hear on the TV. they are self rightious because they have something to hide, & are just scared as well. hey cant silence me. this this not stalinist russia or the red guard. not all cultures operate the same. some have a tendency to view things differently or take different actions. these actions are not acceptable in the first world. the SJW's wont admit that. i stand by that, beholden to no one. thankyou hud. someone help the old people. they forget they are not living in a blue state in the US. 

Edited by bennie2
edited for clarity

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I am so sorry to hear of this problem. Folks, get a lease. I know, a lease is not foolproof BUT renewing a lease annually gives you the opportunity to discuss issues and agree on future maintenance issues, and negotiate rent increases. I would never rent without a lease.

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Absolutely you should have a lease. But know this -- in the case of a dispute that could get as far as a court, your lease is legally only valid in Mexico in SPANISH.

Common wording in some I know of usually reads something like this: (this is the translated version)

" ...This Rental Contract has been written in Spanish and translated into English at the request of the Tenant. In any controversy regarding the text, interpretation, or understanding, the Spanish version will be used to determine the scope of said Rental Contract....."

If both landlord and tenant are English-only speakers,  there should STILL be a Spanish version of the lease.

I  personally know of a protracted lawsuit that the tenant brought against a landlord and in the end, even though he spoke and read perfect English, he managed to weasel out of it (and he WAS at fault!) because he told the Court he did not read English well enough to understand what was on the document!

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