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Requirements for renting without a fiador


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For the past year I've been renting in Tlaquepaque from landlords who let me move in with nothing but the first month's rent. Now I'm apartment hunting in Guadalajara, and getting an education. I'm willing to sign a one year lease and can meet all the standard requirements except for one: I do not have a local fiador (guarantor). Where owners are willing to make an exception to this it seems the sentencia ejecutoriada obtained at the Instituto Justicia Alternativa becomes part of the expanded requisitos. Apparently this guarantees that any dispute about the rental will be handled through arbitration by this court. In the absence of the fiador, owners are also asking for a sum paid in advance equal to several month's rent (returned upon departure.) 

I understand the logic behind all this, my question is: Has anyone here who has obtained a one year lease without a fiador done so by signing the sentencia ejecutoriada at the IJA, and if so was a residency visa part of the requirements?   

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I'd say that they're probably different in Guadalajara. I've rented in San Miguel de Allende, in Bucerias and San Pancho and Lakeside and have never been asked for a fiador.

Nobody buys a house in U.S. dollars. They are converted to peso value at closing and recorded on the deed in pesos. The U.S. dollar value of a house is for comparative purposes only and, imho, shouldn

I thought he (Biden) was only going after the dirty rich and nasty corporations who are not paying their "fair share"!!! 

As an addendum to what I wrote above, the local law firm who investigated me on behalf of the owners of an apartment I was thinking of renting, have told me that residency is not a requirement for obtaining a sentencia ejecutoriada.

In any case, I'd be interested in hearing about the experience of others who have rented in the GDL municipality. 

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Just get a guarantor-anyone almost will do usually. Many people just put down a deposit (one month's rent) for security.

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2 hours ago, cedros said:

Just get a guarantor-anyone almost will do usually. Many people just put down a deposit (one month's rent) for security.

This reminds me of one of Steve Martin's early routines, in which he explained how to get a million dollars and not pay any taxes on it. "First" he said with a huge silly grin, "get a million dollars!" 

I wouldn't say almost anyone will do. To qualify as a guarantor (fiador) for someone renting in Jalisco you have to own property in the state and as guarantor you are putting it up as collateral in the event the renter skips out. That's something I would only ask my own family members (none of whom live  in Mexico let alone Jalisco) to do. 

Interestingly those moving to GDL from another state in Mexico face the same challenge.

Alternatively if I could just put down one month's security to rent one of the places I've liked, that would be dandy. I'm looking in some of GDL's better neighborhoods, and I haven't met a realtor or a landlord yet who in the absence of a guarantor would accept less than 3 months in advance as security. And although I'm okay with that, have excellent credit and proof of both savings and income, a recent investigación put me in the "risky" category. The lawyer at the firm that conducted it on behalf of the landlord explained the 30 points deducted from my score were all because I lacked a fiador.  

I've been told by various local acquaintances that the Tapatios are considered by other Mexicans to be amongst the most cautious and conservative people in the country. But maybe things are different at "the lake."

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I'd say that they're probably different in Guadalajara. I've rented in San Miguel de Allende, in Bucerias and San Pancho and Lakeside and have never been asked for a fiador.

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57 minutes ago, Ferret said:

I'd say that they're probably different in Guadalajara. I've rented in San Miguel de Allende, in Bucerias and San Pancho and Lakeside and have never been asked for a fiador.

After 13 years and five previous rentals here, I moved recently and, for the first time, was asked for a fiador in Chapala. The owner lives in Guadalajara and uses a boilerplate lease. It’s just what they do. It is not yet common lakeside but it happens and may begin to happen more. 

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We found a new place here we really liked. Owned by a prominent lawyer and art collector in Guadalajara. He produced a fiador, like you say, a guarantor to put up unincumbered real property as a security -WHAT?! The property agent told him that was not normal here, and, in a polite way, that if this was his requirement, he would never be able to find a tenant for this place. He has been happy with us here, we fix all the small stuff. Paid first, damage, and last -3 months, in cash pesos. Don't let anyone lock you into US dollars, this is Mexico. Rent always on time. That is another clause you might also see here, 5% penalty for each week late on rent.

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14 minutes ago, CHILLIN said:

We found a new place here we really liked. Owned by a prominent lawyer and art collector in Guadalajara. He produced a fiador, like you say, a guarantor to put up unincumbered real property as a security -WHAT?! The property agent told him that was not normal here, and, in a polite way, that if this was his requirement, he would never be able to find a tenant for this place. He has been happy with us here, we fix all the small stuff. Paid first, damage, and last -3 months, in cash pesos. Don't let anyone lock you into US dollars, this is Mexico. Rent always on time. That is another clause you might also see here, 5% penalty for each week late on rent.

Not sure what you mean by "he produced a fiador." Normally the renter is required to produce the fiador. I've been told that an "arrangement" can be made with a property owning third party and that strictly speaking there is nothing illegal about finding a guarantor in that way, but that sounds dodgy to me and I was advised against it by legal counsel. Is that what you mean by "he produced a fiador"?

Been here a year now and I've never paid for anything in US dollars, or been asked to. 

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Sorry, all I mean't that he required a fiador for the rental. A word I had never heard before. When the agent explained what it meant, he could see I was incredulous.

There seems to be some very nice rentals in Guadalajara compared to here. This is probably the reason why. Maybe Lakeside is more a place to base yourself while you get out and enjoy life. No one is ever going to compliment you on your "exquisite taste in rental selection". Mostly what you are missing, compared to Guadalajara, is the delicious, oxygenated green air Lakeside. Although it is gettiing drier now.

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8 minutes ago, CHILLIN said:

Sorry, all I mean't that he required a fiador for the rental. A word I had never heard before. When the agent explained what it meant, he could see I was incredulous.

There seems to be some very nice rentals in Guadalajara compared to here. This is probably the reason why. Maybe Lakeside is more a place to base yourself while you get out and enjoy life. No one is ever going to compliment you on your "exquisite taste in rental selection". Mostly what you are missing, compared to Guadalajara, is the delicious, oxygenated green air Lakeside. Although it is gettiing drier now.

Thanks, the lake sounds great and I look forward to my first visit to Aiijic. But unlike many here I'm not retired, and much of my potential business is in GDL, and so are most of the nice professional Tapatia ladies I've been meeting on Tinder.  Also, I'm an avid tennis player and like to drill several times a week with a good coach and look forward to playing in some local tournaments. Tlaquepaque, where I've been living well for a year, is about as far away from GDL as I want to be.

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21 hours ago, CHILLIN said:

We found a new place here we really liked. Owned by a prominent lawyer and art collector in Guadalajara. He produced a fiador, like you say, a guarantor to put up unincumbered real property as a security -WHAT?! The property agent told him that was not normal here, and, in a polite way, that if this was his requirement, he would never be able to find a tenant for this place. He has been happy with us here, we fix all the small stuff. Paid first, damage, and last -3 months, in cash pesos. Don't let anyone lock you into US dollars, this is Mexico. Rent always on time. That is another clause you might also see here, 5% penalty for each week late on rent.

If the dollar starts to decline seriously, as many are predicting, and you convert dollars to get your peso rent, might be better off to rent in dollars.

Just sayin'

We've never regretted not renting.  Too many of our friends and acquaintances have had to move because the property was sold, the owners wanted to move back in, the property was a maintenance disaster and so on.

 

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13 minutes ago, Mainecoons said:

We've never regretted not renting.  Too many of our friends and acquaintances have had to move because the property was sold, the owners wanted to move back in, the property was a maintenance disaster and so on.

 

To each their own, but we've never regretted renting 😊.... even tho' reasons changed along the way. First owner (Mexican) would have liked us to stay forever, but American friends needed us in their home when they changed countries.  When that house sold we rented again, and 9 years later different (Mexican)  owner again says "we love having you in our house... stay as long as you like".

In #1 and # 3, we were quoted USD to be paid in pesos according to spot rate on rent day. Guessing that's partly because Lakeside many people are more comfortable with using USD as a figure? Others I know have been quoted /pay directly in pesos. In ALL cases that I know of,  1st, last, and one month for damage deposit has been required upon entering the rental contract.  5% late rent penalty is also common, if not totally standard.

In four different cases   Mexican Guad owners were involved. Not one of them ever mentioned a fijador ( I was "translator--go-between" in each contract so yes, I'm sure.)

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On 4/25/2021 at 10:13 AM, Ferret said:

I'd say that they're probably different in Guadalajara. I've rented in San Miguel de Allende, in Bucerias and San Pancho and Lakeside and have never been asked for a fiador.

sent you a PM

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My read on the fiador issue is not that the property owner or manager wants a guarantee of payment, it is they want you to agree to arbitration vs the legal system to handle any disputes.

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56 minutes ago, AngusMactavish said:

My read on the fiador issue is not that the property owner or manager wants a guarantee of payment, it is they want you to agree to arbitration vs the legal system to handle any disputes.

I believe that's achieved with the sentencia ejecutoriada obtained at the Institute de Justicia Alternative, and at no or minimal cost. 

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4 minutes ago, MartinAmada said:

...at no or minimal cost. 

If you think common civil laws with their protections are worthless, then go that way. 

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43 minutes ago, AngusMactavish said:

If you think common civil laws with their protections are worthless, then go that way. 

It's not about what I think, it's about what the owners of the properties I'm looking at are insisting on, as explained in my original post. 

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Tennisimo - I dont' t know if you knew there was a specialty property development made here in the 1980's all about Tennis. It is called the Raquet Club, all the streets and layouts are named after vintage Tennis stars. It is a little away from the city action, "Barney Fife is panicking cuz he lost his only bullet, could Andy lend him a new one? Plus the Macphersons goat got lose again! " 

Anyways it is unusual and was invaded by Tennis nuts. Also rare in the world the water comes from natural fed, mineral water, hot springs. Should be much more popular than it has. But I guess that is why I will ever be a real estate mogul.

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8 minutes ago, CHILLIN said:

Tennisimo - I dont' t know if you knew there was a specialty property development made here in the 1980's all about Tennis. It is called the Raquet Club, all the streets and layouts are named after vintage Tennis stars. It is a little away from the city action, "Barney Fife is panicking cuz he lost his only bullet, could Andy lend him a new one? Plus the Macphersons goat got lose again! " 

Anyways it is unusual and was invaded by Tennis nuts. Also rare in the world the water comes from natural fed, mineral water, hot springs. Should be much more popular than it has. But I guess that is why I will ever be a real estate mogul.

Nope, I did not know about that place. Then again I only just found out about a club with 3 practically brand new clay courts, that is just a few clicks from where I live. My coach told me about it last week. I think he had been holding out because he didn't want to lose my business. 

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On 4/25/2021 at 1:20 PM, CHILLIN said:

We found a new place here we really liked. Owned by a prominent lawyer and art collector in Guadalajara. He produced a fiador, like you say, a guarantor to put up unincumbered real property as a security -WHAT?! The property agent told him that was not normal here, and, in a polite way, that if this was his requirement, he would never be able to find a tenant for this place. He has been happy with us here, we fix all the small stuff. Paid first, damage, and last -3 months, in cash pesos. Don't let anyone lock you into US dollars, this is Mexico. Rent always on time. That is another clause you might also see here, 5% penalty for each week late on rent.

Yes "this is Mexico" and because of its weak  currency,  if you made your investment like buying a house in $ then you would be stupid  not to ensure  your return is not in funny  money 

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Nobody buys a house in U.S. dollars. They are converted to peso value at closing and recorded on the deed in pesos. The U.S. dollar value of a house is for comparative purposes only and, imho, shouldn't be allowed. We live in Mexico not the U.S. and the currency is the peso. And while I'm having a rant, RENT should only be in pesos and stipulated in pesos on the lease. Period. And, if you want to know why renting in U.S. dollars pisses me off so much, that would be because on year one of a rental agreement, we paid the equivalent of 11,000 pesos a month for rent. By the time I moved four years later, the same rent was 19,000 pesos a month. Fair? Not hardly.

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Not to mention that not everyone has access to US dollars.

I wonder how some of these people who want to do business in Mexico with US dollars would feel if they were asked to pay for things while in the US with Euros or Japanese yen or be expected to accept them.

I've lived in Mexico and worked here for 18 years. I charge and get paid in pesos. I don't think in US or Canadian dollars, nor convert pesos in my mind to dollars or vice versa. 

It's a hassle when a client wants to pay me the work I do in dollars- I then have to go stand in line somewhere to exchange them for pesos and I never know ahead of time exactly what rate I'm going to get. And if we convert the money based on the exchange rate the day they pay me, I might not get that much 3 days later when it's convenient for me to go to the bank.

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37 minutes ago, Ferret said:

Nobody buys a house in U.S. dollars. They are converted to peso value at closing and recorded on the deed in pesos. The U.S. dollar value of a house is for comparative purposes only and, imho, shouldn't be allowed. We live in Mexico not the U.S. and the currency is the peso. And while I'm having a rant, RENT should only be in pesos and stipulated in pesos on the lease. Period. And, if you want to know why renting in U.S. dollars pisses me off so much, that would be because on year one of a rental agreement, we paid the equivalent of 11,000 pesos a month for rent. By the time I moved four years later, the same rent was 19,000 pesos a month. Fair? Not hardly.

Of course they can buy in USD, done all the time.  The dollars are wire transferred from one bank to another and could be to any country, anywhere.  The buy/sell contract in USD and the exchange is in USD.  Many Mexicans have dollar accounts NOB, besides the foreigners that are sellers too.  They want dollars and they get them.  Sure the ISR, R.E. commissions, IVA, and Notarial fees are in pesos, but the proceeds of the sale can, and usually is, kept in dollars.I

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That's a convenience negotiated between buyer and seller as to where the money is deposited and in what denomination. The actual price on the deed is in pesos not in dollars.

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