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traderspoc

what is the jalisco law regarding kicking out a renter

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Jaybear11 is right get a lease and if your not wanted somewhere move on. I owned a fourplex in Canada for 30 years and paid a few tenants to move. Most landlords are reasonable, ask for an extension. Moving is a pain in the butt for everybody. Your never too old for a little adventure so get on with it and move. 

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The bank account they deposit is the United states,  landlord is Absentee land lord. appears to be a US citizen

hopefully they do not have have any Mexicans relatives Locally. who need a job.

another PM.

But the problem is that if despite the landlord’s notice, the tenant remains in possession, the landlord will need to go to court to request eviction. A trial and enforcement of a final resolution for termination, eviction of property and/or collection of rents may take from one year (if the tenant does not exercise appropriate defenses) to several years, in highly disputed cases. The average duration of the judicial dispute is approximately eighteen months.

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Without a written, Spanish document, I doubt the courts will even agree to hear this  question. Nor does the tenant have a leg to stand on.......

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If these were elderly people I cared about the last thing I would do would be to encourage them to go to court or to sit around their house every day waiting to be physically evicted.  If you really want to help them, find them a new place, help them move and stop encouraging them to waste their money on a useless legal battle adding more emotional stress to their lives.

 

 

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On ‎21‎/‎03‎/‎2016 at 0:39 PM, traderspoc said:

The bank account they deposit is the United states,  landlord is Absentee land lord. appears to be a US citizen

hopefully they do not have have any Mexicans relatives Locally. who need a job.

another PM.

But the problem is that if despite the landlord’s notice, the tenant remains in possession, the landlord will need to go to court to request eviction. A trial and enforcement of a final resolution for termination, eviction of property and/or collection of rents may take from one year (if the tenant does not exercise appropriate defenses) to several years, in highly disputed cases. The average duration of the judicial dispute is approximately eighteen months.

I was a landlord and eviction in Mexico takes 2 months. The renter does not have to pay for those 2 months rent but will forfeit any deposit to the owner. It is easy and simple to do.

The renter is served with the evicton notice and the law states they have 60 days from being served to move and do not need to pay rent for those 60 days. A way to let them save up rent money and a deposit and move without being put out on the street.

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Guest bennie2

why doesnt someone help them get another additional 2 months in writting & call it day? or does everyone have to show off their legal knowlege? qhat difference does it make? 

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If both landlord and tenant are expats, the government will have little interest in their conflict.  However, they might find it “strange“ that the rent is being paid outside of Mexico and that there is no lease. Perhaps the landlord has decided not to have tenants any longer........ 

I think they should just move ASAP.

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Many years go our Mexican attorney told us it is fairly easy to evict a tenant who is not paying as long as you don't wait more than a month. He said after that the court may interpret your inaction as "working with" the tenant and eviction could be more difficult, Once again, exactly the opposite of how it works in the US. I realize this is not the case here but if you are a landlord you might want to check with your own attorney to see if this is true. Opinions, even legal ones, are like, well you know, everyone has one.

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4 hours ago, pappysmarket said:

Many years go our Mexican attorney told us it is fairly easy to evict a tenant who is not paying as long as you don't wait more than a month. He said after that the court may interpret your inaction as "working with" the tenant and eviction could be more difficult, Once again, exactly the opposite of how it works in the US. I realize this is not the case here but if you are a landlord you might want to check with your own attorney to see if this is true. Opinions, even legal ones, are like, well you know, everyone has one.

It is true. For eviction of a tenant who is 1 month late on rent you serve the eviction notice right away. He/she has to pay the one month rent due to get back any deposit due. If they do not pay - no deposit due. After 2 months or 60 days from serving the eviction notice and they are not out you can cal the police to have them forceably evicted. Other reasons for evicting tenants are the same rule I think. Serve the eviction notice, wait 2 months and call the police to evict them, I presume.

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On 3/29/2016 at 1:15 AM, AlanMexicali said:

It is true. For eviction of a tenant who is 1 month late on rent you serve the eviction notice right away. He/she has to pay the one month rent due to get back any deposit due. If they do not pay - no deposit due. After 2 months or 60 days from serving the eviction notice and they are not out you can cal the police to have them forceably evicted. Other reasons for evicting tenants are the same rule I think. Serve the eviction notice, wait 2 months and call the police to evict them, I presume.

In Jalisco and in most states, an eviction is civil not criminal. Police enforce criminal law. Not paying rent is civil and a landlord should have a judge sign an eviction order. I am sure the judge has officers to enforce eviction orders.

I've read that the eviction time has been shortened, but in the past it could take 6 months to evict someone.

Do not self-help evict. Even in Mexico,  a landlord can be sued for that.

 

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On 3/17/2016 at 9:47 AM, k2tog said:

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

Azucena's moved her office about 3 years ago. Her current address is at #11 - 16 de Septiembre, it's in the block immediately west of the LCS on the mountain side. All of the other info provided is still current.

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