Portenos Keep Deposits

[AlexfromLA]

Actually a short term rental agreement doesn't exactly fall under that category. If a short term rental client doesn't pay the rent, the contract is void, and the owner can and will change the locks.

The owner will not face any repercussions. I've seen it done before. You can go ahead and test this, but I wouldn't advise it.

If the tenant had a two year contract secured by a guarantia, then you would be correct. The law would demand that the landlord deal with the holder of the guarantia. Through negotiations or in court.

You cannot squat on a short term rental contract. You can on a two year contract. That is why the two year contract is so hard to obtain and requires a property to guarantee it.

 

[French jurist]

Actually a short term rental agreement doesn't exactly fall under that category. If a short term rental client doesn't pay the rent, the contract is void, and the owner can and will change the locks.

The owner will not face any repercussions. I've seen it done before. You can go ahead and test this, but I wouldn't advise it.

For short term rentals, yes, long term ones, no, so we do agree.

 

[AlexfromLA]

In the US I require a credit check, references, first and last months rent, a security deposit, which is usually 1-2 months rent, and in many cases proof of employment. I own rental property in California and this is standard practice there.

I am literally floored with how underhanded some people can be just because they are in a foreign country when they know damn well they couldn't pull this off in their own country.

With that said I think about 95% of tenants are good honest people, same goes for landlords.

 

[cabrera]

I have two good friends who rent apartments on short term and they have told me that that is not worth the problems and the demands from the clients who expect a hotel experience in a apartment. US citizens seem to be the most demanding and they ring him at any time with requests for extra towels, even toilet paper they ask for . Many also ask that the security deposit be used for rent .

There is always two sides to each story and to attack argentinians as dishonest and keeping the security deposit is unfair in many cases . When you see the condition that some tourists leave apartments in they are lucky that they are not sued in courts.

 

[A&A]

As Tango said, I would say that "par for the course" in NYC is last month rent goes unpaid and deposit is retained. Apartments are in such demand, landlords usually are quite content to roll them over to the next tenant, at least in Manhattan. But you should comply with whatever is the standard operating procedure where you are living.

I don't know if this is "illegal" so much as a breach of contract. And as I tell people, there is a big difference between having your rights and enforcing your rights.

That being said: you should treat your rented apartment like you own it and take care of it accordingly. If you do this, there should be no worries about getting your deposit back. You will probably figure out early on if your landlord is decent (as most are) or is going to screw you in the end.

 

[AlexfromLA]

It is illegal if you breach your contract by not paying your rent and then try to stay in the apartment. This is " squatting ".

If you refuse to pay your rent and just leave, you are only in breach of contract.

I don't know if this is "illegal" so much as a breach of contract.

 

[French jurist]

It is illegal if you breach your contract by not paying your rent and then try to stay in the apartment. This is " squatting ".

If you refuse to pay your rent and just leave, you are only in breach of contract.

Well, I won't agree on this one stricto sensu because whether you consider the contract as a "law" between both sides or not, if someone refuses to pay the rent and leaves, he doesn't obey to the law I previously gave a link about. In this case, the inquilino needs to pay a penalty.

I too rather think that the contract is a law between both the LL and inquilino

Anyway it must be funny when crook renters rent from crook owners, we never hear about those stories !

 

[SPISurfer]

Received a signed copy of the Spanish contract under the door. We know better. We rented from Saranac Lake, NY to Kauai, HI and never had a problem. This was not the first cash transaction either. We're going through an agency. It is a learning lesson, which might be costly. However it is a lesson that we'll share with all.

 

[A&A]

Well, I guess the illegal issue also depends on location and local laws. Just typically in NYC landlords usually ask for "1st and last months rent", and not a separate deposit as well, so I assume this is standard operating procedure, but only in that location.

"Squatting" is entirely separate from not paying last months rent. The assumption is that if one is expecting to leave "last months rent" there was in fact a "last" month. If one remains in the apartment there is then a failure to pay rent. Landlord can then bring about eviction proceedings. However, there are numerous reasons a tenant may have for not paying rent and that is why these are contract dispute and not police/illegal matter. It is a long long process before the cops come to remove someone and possibly bring them into custody.

 

[AlexfromLA]

Not on a short term contract in Argentina. If you don't pay your rent and you try to stay, you are ILLEGALLY squatting.

We are talking about Argentina and not New York. And we are talking about short term rentals and not a LEGAL two year rental with a guarantia.

If this is hard to understand, have a lawyer explain it to you.