Renters won't leave!

[cassiem13]

So my roomies and I signed a reserva for an apt. a couple of weeks ago, and paid a holding fee. We're all set to move in on December 1st: we've given our notice at our current apt., which we desperately need to get out of.

I just received an email from the rental agency that basically says the renters that are in there this month won't leave, and they won't pay rent. The owner supposedly just filed suit against them, but he says there is a law here that all Argentines have the right to a house, and if they can't pay then the government has to find them a house. I'm not really sure what that has to do with our situation, though, as the owner isn't the government. I'm also wondering why Argentines would possibly be renting out that place—it's a good deal if you're paying in dollars, but what Argentines would pay in dollars?!?

The whole thing seems kinda weird to me, and I'm wondering if anyone else has had similar experiences, or knows if we have any sort of rights, here? We are getting our deposit back, but it seems like that reserva should mean something. Otherwise what was the point of signing it? You'd think they would call the police or otherwise have the current "renters" kicked out, yeah? Although, I know in the States (in CA, at least), the eviction process takes two months... maybe it's similar here? I dunno.

In any case, I'm upset and worried—we were REALLY looking forward to the new place, for so many reasons, and now we'll be out of a home in 2 weeks! Arg!

 

[stella-negra]

Not much you can do since getting a court to throw them out is a lengthy process. Either wait or hire some thugs to throw them out (which is very illegal).

 

[fifilafiloche]

An argentine friend of mine had this problem with his apartment in MardelPlata.

He solved it this way :

Waited for the renter to go shopping. Broke in his own apartment, changed the lockers. Now he was in a strength position.

I m surprised that the law keeps protecting renters in summer time. This law is meant to protect feable people during winter time so that they dont end up frozen in the streets.

 

[stella-negra]

An argentine friend of mine had this problem with his apartment in MardelPlata.

He solved it this way :

Waited for the renter to go shopping. Broke in his own apartment, changed the lockers. Now he was in a strength position.

I m surprised that the law keeps protecting renters in summer time. This law is meant to protect feable people during winter time so that they dont end up frozen in the streets.

Then they can call the cops on you and have you thrown out. They can also file criminal charges against you for breaking an entry.

 

[cassiem13]

So how come the current owner can't call the cops on the people there who are living in his apt. without paying??

 

[stella-negra]

So how come the current owner can't call the cops on the people there who are living in his apt. without paying??

Because of the law. Spain and England has similar laws. In England you can break into a house and change locks, then the place is yours. But the owner can reclaim it by doing what fifilafiloche suggested.

 

[fifilafiloche]

Obvious conclusion, better be a renter than an owner. I d still like an explaination about why this protection is not limited in time for the coldest months. A will to empty the streets from its most visible poverty by legaliszing thievery?

 

[Bairesgirl]

Cassie:

Did you visit the appartment before you gave the $$ reserva & signed the contract?
Were there people living there?

 

[fedecc]

I d still like an explaination about why this protection is not limited in time for the coldest months. A will to empty the streets from its most visible poverty by legaliszing thievery?

It has nothing to do with weather, its just bad legislation and bad burocracy. Its the same reason why the tax system is so bizarre and why hiring someone is so difficult. A misplaced and harmfull sence of social justice...

 

[syngirl]

unfortunately laws in Argentina favour squatters over owners... yes very similar to the laws in England.

I'll be honest, you can pretty much forget about getting into the apartment, unless the people leave voluntarily it could be a process of a few years just to get them out. The justice system moves very slowly here and unless the owner is willing to pay the right people the right money to get it moving faster, nothing's going to happen. maybe you're lucky and the owner will know some judge or high powered person and can get them out, but odds of it happening in the next few weeks are pretty slim.

By the way of course the people in there are going to stay -- they're getting a great deal, whether it's pesos or dollars! They're paying nothing at all!

The other kicker is that i think it's illegal for the services to be turned off in the unit as well! Phone can be cut off after 60 or 90 days of non payment I believe, but to have your gas and water turned off you have to have not been paying your bills for ages.

If you have a copy of your contract you can do your best to try and get your deposit back. Unfortunately it's just a deposit that you paid I guess, ie most likely it will be argued that it is non-refundable.

To be honest, it might just all be a scam. Maybe the owner rents the apartment out this way regularly! Says that it's available the first of the next month, gets the non-refundable deposit from a new set of renters, and then turns around and says that the place can't be had as the people inside aren't leaving... it would be a pretty easy scam to run on newly arrived foreigners renting places off of craigslist etc...