ensuring return of rental deposit?

[jez]

My original quote:

A contradiction; if you are honest you pay the last month as agreed in the contract.

Your response:

For the last 2.500 years there is a rule called Exceptio non adimpleti contractus that means you must honor your word only if the other person honors his. This was created to avoid that dishonest people takes advantage of honest people.

In the case we were debating, it was about a landlord who wasn't honest, so you are release of your duty about honouring the contract.

In the case we are debating

I hope to get a sublet in Dec or January and am trying to figure out a way to not get rooked. Is there some sort of escrow process that can be used, other than simply trusting the owner to do the honorable thing when you leave? Then, of course, can the escrow entity be trusted?

The original question was how to avoid being cheated out of the deposit when you leave. You don't know the landlord won't give the deposit back (unless they are stupid enough to say), so by withholding the last months rent the renter is breaking the contract first, paving the way for the owner to do what they want.

If I was renting an apartment and suspected the owner may not give the deposit back, I would be concerned that if I didn't pay the last months rent, something may happen to my possessions while I was out.. yes, yes, call the police etc etc, but if something small goes missing what are the police really going to do then It's a renters word (a renter who has broken a contract) against an Owner who speaks fluent spanish, ie will be better at convincing the police.

 

[citygirl]

And..ignore list

To the OP - I wish you the best of luck. I've never had an issue with deposits being returned but I do follow the steps I stated earlier in this thread (an inventory list, a signed contract, photos of the apt on the day I moved in, etc). The best advice is to listen to your gut, in most situations if you have a bad feeling about a landlord, don't rent.

 

[Bajo_cero2]

My original quote:
If I was renting an apartment and suspected the owner may not give the deposit back, I would be concerned that if I didn't pay the last months rent, something may happen to my possessions while I was out.. yes, yes, call the police etc etc, but if something small goes missing what are the police really going to do then It's a renters word (a renter who has broken a contract) against an Owner who speaks fluent spanish, ie will be better at convincing the police.

Tenants should always change the lock combination of your apartment first day they arrive. It can be done for 50 pesos. I do it always.
Regards

 

[Bajo_cero2]

The original question was how to avoid being cheated out of the deposit when you leave. You don't know the landlord won't give the deposit back (unless they are stupid enough to say), so by withholding the last months rent the renter is breaking the contract first, paving the way for the owner to do what they want.

You are a landlord, right? Ok, I understand you don´t like my advice to tenants. Now you know you cannot kick somebody out without a proper procedure. If you do the proper procedure you can also criminally prosecute him or she. So criminal law punish landlord and tenant who don´t respect law equally.

But you can take advantage of this tread improving the contract you offer.

The clause about returning the deposit later made sense many years ago because you had to wait 1 or 2 month until the phone or electricity invoices arrive. But it makes no sense at all in furnished apartments with all services included.

Nowadays you call the companies and you know exactly what they spent. About the electricity, you can know it looking at the electric meter the day you sign the contract and record it into the contract. The day they give you back keys you check it again. At the electricity company website you can get the info about how much is each kilowatt. I mention this because air conditioner might easily spend 100 or 200 u$s extra in electricity or more if they are working 24/7. Last summer I signed a contract that said the average electricity (according to last invoice) was included in the fee. But I had to pay extras. I had to pay 30 pesos extra, fair enough for me. I paid it, I gave him the keys, he gave me back my 600 u$s deposit.

Regards

 

[jez]

As a property owner, anyone renting my place has to pay the full amount at check-in so they aren't able to hold anything back and the security deposit is only u$s 300 so that doesnt even cover a weeks rent!

Changing the locks would be an expensive process for a shot term rental. Even is you break a plate or glass so what, I ain't going to charge you, I accept wear and tear.

Started renting my place back in 2007 and the full security deposit has been returned every time so far. Maybe my small security deposit leaves me open to abuse..

 

[Bajo_cero2]

Nobody says you are an abusive landlord, don´t take this personal. Regards