I'm Afraid My Landlord Is Not Going To Return My Deposit

[Joe]

I've rented at least 25 apartments over the last 5 years in Argentina (BA, Bariloche, Mardel and Rosario). I travel a lot.

Anyways, I've never really had a concern about getting my deposit back and in these 25 plus apartments, I got the entire amount back every time - without issue.

My current apartment has me worried though because the owner is clearly short of money. I had the option of leaving the deposit in dollars or pesos. Since I didn't have dollars at the time I left it in pesos. She said "that's OK, I'll just spend it" (I took it to mean there's no point in saving pesos because of inflation). Then for the second month she asks if I can pay the rent early because a court decision went against her and she needed to pay off the penalty.

So how should I handle this? I was planning of going down south or Uruguay or Colombia to avoid the summer heat. But I don't think I should make a reservation. If she doesn't have the deposit I'll just stay in the apartment until she comes up with the deposit. This makes planing for the next apartment and getting a cheap ticket difficult. I also thought about trying to find a person to move in.

Any advice?

 

[scotttswan]

should have stayed with Matias.

 

[Napoleon]

Start smuggling things out of the apartment that equal the value of your deposit.

 

[Joe]

should have stayed with Matias.

I have a feeling Possum got that apartment. Matias' apartment is a great value - but the kitchen is small and I like to cook.

Start smuggling things out of the apartment that equal the value of your deposit.

There's a large screen TV - it's the only thing in there of any value but I have no place to store it. Besides it would be embarrassing if she did have the deposit

 

[nlaruccia]

I've rented at least 25 apartments over the last 5 years in Argentina (BA, Bariloche, Mardel and Rosario). I travel a lot.

Anyways, I've never really had a concern about getting my deposit back and in these 25 plus apartments, I got the entire amount back every time - without issue.

My current apartment has me worried though because the owner is clearly short of money. I had the option of leaving the deposit in dollars or pesos. Since I didn't have dollars at the time I left it in pesos. She said "that's OK, I'll just spend it" (I took it to mean there's no point in saving pesos because of inflation). Then for the second month she asks if I can pay the rent early because a court decision went against her and she needed to pay off the penalty.

So how should I handle this? I was planning of going down south or Uruguay or Colombia to avoid the summer heat. But I don't think I should make a reservation. If she doesn't have the deposit I'll just stay in the apartment until she comes up with the deposit. This makes planing for the next apartment and getting a cheap ticket difficult. I also thought about trying to find a person to move in.

Any advice?

I'm not sure you can legally stay in the apartment. Unless she can get a court order to throw you out. Did you already pay last months' rent? Many people just skip paying last months' rent and the owner can use the deposit to cover it. I'm not saying I agree with this, but if you're leaving the apartment int he same condition as you found it and you honestly think she might find an invalid excuse to keep your deposit, this might be an option.

 

[French jurist]

Overstaying in the apartment is worst than not paying the last 2 or 3 months indeed.

Maybe I'll play the friendly side, while asking a few questions like "I know you are in a difficult situation, I hope you'll sort it out but that worries me too since I face financial problems as well". It's quite obvious the LL won't be able to refund the day you leave and it's EV- to run after the money once you leave.

I guess the LL must understand that you are anticipating each of his/her future moves, like if you were playing Chess:

- The only way the LL can screw you without taking too much risks is if you don't sign a document upon your exit stating that the apartment condition is perfectly fine & you'll get your deposit back.
If there's a disagreement about the apartment's condition, an escribano must be brought in with fees splitted 50/50 between you and the LL.

- Following applies to standard 2 years contracts (but you have a temporary one?): Not sure if you were going to ask for the security deposit only or the security deposit indexed with the same calculations used to increase the rental fees (that's how it should be done in fact). If you don't intend to ask for the deposit increased by this calculation, you can say you're friendly and you are skipping that because you know her/his problems (always better to be friendly at first)

- If that's a temporary rental, I would say I'm leaving for my country of origin a few days after giving back the keys, hence I must get the security deposit back "si o si" the day I leave (or better give back the keys one week day before the contract expires = gives you one more day to find a solution)


Or, the less friendly way & poker style B) : organize things to give back the keys & get back the deposit one week day before the contract expires while finding a 20 y/o woman with a baby, preferably from a poor family, that you'll pay 500 pesos to be present. If you don't get your deposit back, say that your young friend will stay in the apartment until the deposit reaches 0. The same night, the LL will have little sleep :lol: (I can find you such a young woman if needed, I'm not kidding = checkmate!)

 

[cbonanni]

I have some Italian friends from Sicily , Guido and Giovanni , who are very good at persuading folks to , well , to do the right thing.....

In this case , to give you back your deposit , plus interest......

 

[French jurist]

I have some Italian friends from Sicily , Guido and Giovanni , who are very good at persuading folks to , well , to do the right thing.....

In this case , to give you back your deposit , plus interest......

Same here, part of my roots are Corsican... B)

 

[Joe]

I'm not sure you can legally stay in the apartment. Unless she can get a court order to throw you out. Did you already pay last months' rent? Many people just skip paying last months' rent and the owner can use the deposit to cover it. I'm not saying I agree with this, but if you're leaving the apartment int he same condition as you found it and you honestly think she might find an invalid excuse to keep your deposit, this might be an option.

I didn't understand the above quote in bold. The first "not" is a typo?

...

I did NOT pay the last month's rent. I feel it would be wrong to just not pay the last months rent and tell her to use the deposit.

I'm sure her excuse for not returning the deposit is she doesn't have the money - and I believe she doesn't have the money. She's told me several times she needs the rent money to live on. Last month I suggested giving her dollars to replace the pesos I gave her for the deposit and she said, "I would have to sell those dollars for pesos to live on and then when you left I would have to buy dollars at the blue rate". Then she said the only way she could turn the deposit into dollars was if I gave her two months of rent in advance ($700US and $7000 pesos). That was the only "fair way". It didn't really sound fair to me so I just told her let's keep the current arrangement. Besides if I gave her two months, she would just run out of money sooner...

Frenchy that's a good idea. I might take you up on it. My Cuban friend has an 8 year old boy maybe I'll ask her to come my last day (have to be a Sunday or Monday). I guess a momma and a crying baby from a villa is better theatrics though.

BTW, this apartment is a good deal $7000 a month for a two bedroom in the best neighborhood in the city (surrounded by the botanical garden, the zoo and Jardin Japonese), balcony, beautiful view - only bad part is the apartment is not well maintained, the landlord is loath to spend a dime on maintenance. I've repaired a few things on my own. Furniture is vintage 70's.

 

[RichardP]

Maybe wait and see what happens. I've had that feeling before too and the landlord came through in the end.