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Breaking a lease


dT54

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I signed a 1-year lease and my entire first month I was harassed by neighbors and management.  I documented everything.  Finally, after not being able to take the stress I messaged my landlord and she said she understood.  She never did anything to intervene in my behalf.  The next day she said the Spanish contract (I don't speak Spanish) states I  owe her 2 months of rent.  She has the security deposit which is 1.  She now says she is going to a collector?  We are only talking about #300 U.S. and I don't believe I owe her that since she never stepped in.  Just wanting to know If anyone knows where I stand legally?

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You signed a 12 month lease and are leaving sometime in the second or third month. You owe all together 12 months rent legally. The 1 month security deposit you get back will depend on the condition of the rental after you move out. It cannot be used to pay rent you owe. You cannot by your own decision not pay rent because you feel the landlord did not do something for you. The landlord has to deal with these people long after you are gone and needs to keep in their good books. You on the other hand are trying to skip out on a 12 month lease for free and 2 months rent you already owe. If I was you I'd pay the 2 months rent I owe and wait for the security deposit and thank them for letting me cancel the one year lease early at no charge. If it was our rental you won't get any of the security deposit back.

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1 hour ago, dT54 said:

The next day she said the Spanish contract (I don't speak Spanish) .....

Rental contracts in Mexico are only legal in Spanish.  If you didn't understand what was in there, the onus was on you to ask for a translation before you entered into the contract. Some contracts DO provide for 60 (or 90) day's written notice to leave early.... some with circumstances spelled out, others simply that provision.

Everything Alan said was correct.... with the exception of the fact that I've been here a LONG time and have never once heard of anyone getting a security deposit back.  (1) Money has already been spent.  (2)  Unless you have a video of entire home on day of entering, and again on departure, you can be sure there will be "things" found that needed repair on your exit........

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I was the executor of an estate. here at Lakeside....the deceased had a lease that included a one month security deposit.....I asked for that back after we had the rental cleaned and restored to it's original condition.....I received a polite letter saying..."NO return  to anything back....your client broke the lease by him no longer being alive.........."

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If - regardless of  reason - you’ve decided you’re not happy where you are and want to move on that’s your your prerogative.  Your contract will tell you what you’re obligation is to the landlord over and above certainly paying for the time you lived in the premises. no one can reliably answer where you stand legally without  being privy to the contract you agreed to. If you didn’t know what you were signing at the time that’s unfortunate- at least find out what it says now. Plenty of bilingual people around .

 In my experience sometimes you rightfully get back your security deposit, sometimes you don’t.  Sometimes you get a (lame) reason, sometimes you’re just ghosted until you give up.  Not right or fair but Is what it is….

 

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It takes a minor miracle to get a security deposit back in Mexico and minor miracles for this don't happen.  If she is only asking for 2 months rent feel fortunate and pay up.  I find it hard to believe neighbors and management are harassing you for no reason.  I find all my neighbors to be friendly and helpful.  Outside of you I don't remember anyone on this board complaining about being harassed.  Sometimes neighbors make loud music and than its me harassing them but they forgive me.

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14 hours ago, lakeside7 said:

IF you are realistically experiencing  "problems" I think you may have a counter claim , after all you do expect to live without  aggravation. But for me I would just forgot your deposit and run

I would run also.   I have had neighbors get their deposit back and another not get it back because she did break the contract and did not give notice

 

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Leases mean nothing in Mexico.  People rarely get deposits back.  Best to just not pay the last month.  There is no reasonable due process here and as stated above, it can last years and then EVEN if you win, how to collect is an issue. I have heard lots of horror stories from people I know.

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3 minutes ago, Zeb said:

Leases mean nothing in Mexico.  People rarely get deposits back.  Best to just not pay the last month.  There is no reasonable due process here and as stated above, it can last years and then EVEN if you win, how to collect is an issue. I have heard lots of horror stories from people I know.

Now months not years and the loser pays lawyer and court costs. Happens especially with squatters and commercial property mostly.

"What to do when a tenant does not pay rent in Mexico 2021?

If the tenant does not pay the rent or other amounts to which he has agreed such as electricity, water, etc., the landlord has the option of going to court to demand payment of that debt and even the eviction of the tenant. property (eviction), and all in the same lawsuit.Dec 28, 2021

https://www.abogadosparatodos.net › ...

My tenant does not pay rent. THE ULTIMATE GUIDE 2022

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10 minutes ago, AlanMexicali said:

Now months not years and the loser pays lawyer and court costs. Happens especially with squatters and commercial property mostly.

"What to do when a tenant does not pay rent in Mexico 2021?

If the tenant does not pay the rent or other amounts to which he has agreed such as electricity, water, etc., the landlord has the option of going to court to demand payment of that debt and even the eviction of the tenant. property (eviction), and all in the same lawsuit.Dec 28, 2021

https://www.abogadosparatodos.net › ...

My tenant does not pay rent. THE ULTIMATE GUIDE 2022

Probably looks good on paper, but I have no confidence in the system.

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18 minutes ago, JJR said:

Why discuss what a contract says if it may not be enforceable because taxes have not been paid by landlord. I would want to know the answer to that first. 

Since the 2013 Tax Reform most  investors pay income taxes on their residential rentals because it is very easy to get caught now and is not a lot especially if they deduct maintenance and property management fees. The 16 percent IVA only applies to furnished residencial and commercial rentals and is paid by the renter and collected by the owner and submitted by him/her. Paying predial is a way the municipality knows who and what investors own. The modernization of Mexico has many things new that it did not have a couple of decades ago. Thinking of the old systems that now has been greatly updated gets you nowhere these days. Judges profiting from lawsuits is one of them.

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I don’t want to argue about whether most landlords pay taxes (personally I don’t think they do.). But if I were a tenant worried about whether my particular landlord could sue me, I’d want to know if he were paying his taxes. Whether he gave me a factura might be a good indicator 

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Gosh people seem to have short memories when talking about MX landlords and Gringo renters. Bad things can and have happened when there is a disagreement...you could find your self dumped on the south side of the lake with your kneecaps broken..which is better than someone else finding you in bed dead....run away not walk from a sour deal

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  • 5 weeks later...
On 8/3/2022 at 11:34 AM, Kiko-chapala said:

The only winner in a court of law in Mexico is the judge.

My lawyer told me that there are no small claims courts in Mexico so leases are meaningless.

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3 hours ago, cedros said:

My lawyer told me that there are no small claims courts in Mexico so leases are meaningless.

If "leases are meaningless", why do you have to provide a copy of one when proving your address when you are signing up for a new bank account, changing immigration documents etc.?   If "leases are meaningless" why would any renter agree to sign one?   Obviously there are other departments in the MX government that litigate a rental agreement dispute.  The whole world doesn't revolve around the U.S. court system.

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2 hours ago, ibarra said:

If "leases are meaningless", why do you have to provide a copy of one when proving your address when you are signing up for a new bank account, changing immigration documents etc.?   If "leases are meaningless" why would any renter agree to sign one?   Obviously there are other departments in the MX government that litigate a rental agreement dispute.  The whole world doesn't revolve around the U.S. court system.

They are meaningless in the sense that it's almost impossible to enforce them.  Getting a deposit back. is almost impossible.  They do have uses for some of the things you mention above, but not worth much for the original intent.  They can be litigated. Ok. Good luck with that and even if you win, no way to enforce and get payment.

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