Owner Won't Return Deposit On Rental Contract

[GS_Dirtboy]

Don't pay the last month's rent. (Is there an echo in here?)

 

[sleazemerchant]

This.

Just don't pay the Last month RENT.

 

[Ceviche]

has anyone in their lease deed got a cluase like

The tenant has to pay 1/3 rd of the rent as late payment fees, payable on a dailyyy basis... in case he fails to pay on the due date

or the landlord can keep all your furniture if you do something stupid?

 

[ben]

What's incredible is that this practice is so widespread (and in no way limited to foreigners - I know PLENTY of argentines to whom the same has happened) and still nobody has developed a mechanism to deal with this.

One thing I know some people on long-term rentals do is not pay the ABL for the last few months, then instruct the landlord to apply the deposit towards that payment. It's a lot less likely that legal problems will begin over non-payment or delayed payment of ABL than rent.

Still, it's an issue that many if not most renters in this country experience. How come nobody's come up with a way to solve this?

 

[Pensador]

Hire a few talented Tigres to make a withdrawal/extraction for you. just kidding or maybe not. Perhaps Gaston is available.

 

[cbonanni]

No one gets a deposit back. If you do , it's a minor miracle , where the landlord should be put up for sainthood.

Echo: Do not pay the last months rent...........

 

[French jurist]

"Ya fue!"

You signed the contract (sub-section "quinta") where it's written everything is in perfect condition.
Your emails are not worth much.
You already left the apartment, not much you can do except calling & calling again the landlord in the hope of getting a part of your money back.
Checking the apartment should have been done with your presence, but after all, you left the landlord deciding by herself what was in good condition or not.

Of course, we don't know everything about the situation. You recognize you're responsible for a scratch on the countertop + a bit of cleaning was needed (450 pesos as per the contract), so let's assume that's only what you should pay for.

In your situation, I'd write something to the landlord like:
-Look, it's a very common situation: you make me sign a contract stating everything is in perfect condition but this, this & this were not working/were broken. I won't spend hours argueing with you over the telephone, etc. I'll spend much less time and will do things that will really annoy you if you don't pay me back:
.. There's a new law (monthly reporting to AFIP of temporary rentals. Don't know if in effect yet though but will be anyway soon) --> I'll call/ring the bell of the apartment every month to talk to the new occupant to warn him/her, etc. Will contact the AFIP on a regular basis to check if you conform to your reporting obligations.
.. If the public service bills still benefit from "subsidios", I'll tell the new occupant to contact Edenor/Gas Natural to ask for those "subsidios" to be removed if he/she's having problems with you
.. I'm not leaving Argentina any time soon so I'll have plenty of time to deal with that (even if untrue)
.. etc.

In short, think of the weaknesses of the landlord, what would really annoy her and act upon that while spending as little time as possible. But first, warn her about everything before... She'll then be faced to a dilemma = giving you back 2.500/3.000 of the 4.500 pesos deposit (because some negotiating will take place at best) or be worried for the 12/24 months to come.

Never pleasant to get screwed... But it happened to all of us

 

[Girino]

Will contact the AFIP on a regular basis to check if you conform to your reporting obligations.

Do people really have a right to know if somebody else is paying taxes?

 

[French jurist]

Do people really have a right to know if somebody else is paying taxes?

Of course not, but it doesn't cost a penny to send online an anonymous report to AFIP

 

[Girino]

Of course not, but it doesn't cost a penny to send online an anonymous report to AFIP

And do they really take them into account? There is anonymous reporting also in my home country, but as long as they are anonymous they are not really investigated because they might have been made out of revenge. Plus, how would you know that they are doing something if you are anonymous?