Deleted.

[Al Berca]

Deleted.

[Bisbee Gal]

I don't think a nine day novena is a valid reason to break a one-year lease.  I might consider a refund of their security deposit but only if they promise to leave Mexico permanently.  If you give them a break you are simply foisting them onto other landlords who will have to deal with tenants unprepared to live here.  

[Bandol]

What does the lease say?

 

 

[court0503]

If the tenant feels they made a mistake in choosing their rental they are responsible for paying whatever penalties are outlined in the lease. . Might be expensive but their choice to change their mind. no fault of the landlord  (exception might be in the unlikely event the owner demonstraby misrepresented the property . But I can’t imagine any lease here guaranteeing ‘no fiesta noise’) . 

[More Liana]

Don't leases specify that if you break the lease, you are still responsible for payment for the entire term of the lease?  Mine certainly have always had that clause.  When I was first in Mexico, beginning in 1981, the owner of the house I lived in didn't require a lease, but starting with my original lease in Ajijic and right on through to today, that clause has been in the document.  It's never been merely about forfeiting the security deposit.

Bisbee Gal, I like your idea!

[ComputerGuy]

Exactly. And really, you forfeit your last month's amount because you are refusing to pay anything at all by moving out... unless of course you do pay the full amount, and at that point the last month has been paid already.

[gringal]

Wouldn't it make sense to buy some really good earplugs and stay put?🙉

[Xena]

These are people completely unprepared for living in Mexico. If they think the noise from a nine-day fiesta is too much for their sensitivities they will be totally unprepared to deal with the Mexican civil court system. That is where they will end up if the landlord decides to keep whatever he feels he is owed and the tenants disagree.  

[Dostortas]

In our experience here, any money that has already been paid such as first, last, security and or deposit for utilities is forfeited to the landlord if the tenant leaves early for whatever reason.  

In the interest of fairness, if the property is rented quickly to new tenants and the landlord can replace the rental revenue, if I was the landlord, I would return their deposit.

[Bisbee Gal]

3 minutes ago, Dostortas said:

In our experience here, any money that has already been paid such as first, last, security and or deposit for utilities is forfeited to the landlord if the tenant leaves early for whatever reason.  

In the interest of fairness, if the property is rented quickly to new tenants and the landlord can replace the rental revenue, if I was the landlord, I would return their deposit.

If we were talking about a case involving illness or death in family where someone has to either leave the area or go into a local nursing home, yes, I would refund the deposit less owner's costs to secure new tenants and loss of income for any days vacant.   

But in this case of renters' remorse, certainly no refund.  

[AngusMactavish]

In my experience, there is no refund ever of a deposit in Mexico whether in a lease or not.

[El congrejo]

If you are paying taxes with haciendo on the income from said property then keep both.    If you are flying under the radar it might not be worth it. 

[HarryB]

If you are flying under the radar, watch out. The mexican tax people are looking for you.

 

[MtnMama]

'For cause' are the key words here. We lived for a few months in a rental with an illegal electrical hook-up. We had almost daily power surges - on, off, on. off... - that played havoc with our electrical appliances. We finally figured out what was going on. The landlady refused to install a legal hook-up so we moved. The rental agent refunded our money.

[Al Berca]

 Thanks all. Question answered. I am finished with this topic. Please close.

[suegarn]

On 12/13/2018 at 5:18 AM, Al Berca said:

Deleted.

Changing your OP to 'Deleted' doesn't delete the post, Al Berca!

[RickS]

I suspect that Al Berca is totally aware of this.... and since it was his Post he gets to do with it as he wishes.