I wish I had read this article referred to below before I told the owner of the apartment from whom I am renting when I have my flight back to the USA. You see I signed a TEMPORARY rental contract where I paid the rent for the whole year in advance and the contract gave me (exclusively) the option to renew for another year if I chose. Each month I have paid the expenses for the building and the electricity bill always before they were due. The apmt came unfurnished so I furnished it and then had to have a moving sale as the owner wants to rent it unfurnished again.
I gave him a US$2000 DEPOSIT along with my advance payment for the year since I knew I would pay all the expenses on time and keep the apartment in excellent condition so I didn't hesitate to think my deposit would be returned since it states that is what the deposit is to be used for. However after informing the owner about a month ago that I would be leaving at the end of the contract period and not renewing the contract and that the apmt could be shown to other potential renters, he sent me an email informing me that he is not planning to return my deposit when I leave. He is trying to claim I should have to stay 2 years eventhough the contract clearly states it is a TEMPORARY RENTAL for one year with the date ending Oct 30, 2010. I innocently/stupidly let him know my flight is on Oct 28, 2010 so we arranged to meet in the apmt that day.
I was told to go see a lawyer so I did and we sent a carta documento to create a "legal" document that states the owner needs to return my deposit when I return the keys to the unoccupied apartment in excellent condition, with proof of no debts but what else can I do as I can't PHYSICALLY FORCE the owner to return my deposit. I can see from the other apartment that he rents out in the building that he is constantly behind in paying the expenses since he rented that aparment in a package with all expenses included but he continually neglects to pay them on time.
I also went to the U.S. embassy to file a complaint. Now it seems from the article that going to A.F.I.P is another option but otherwise it seems I would have to file a lawsuit against him and that would cost more than US$2000 in lawyer fees, not to mention what I can imagine would be a long, drawn out process.
It's just incredible that we signed the contract at an immobilaria (whom I paid commission) in front of an escribano and I have totally complied with my side of the contract and he is trying to cheat me out of returning my deposit. I thought I would be protected by the contract but there is no way to FORCE him to return my deposit when we meet so I can give him back the keys and show the apmt in its excellent condition without any debts.
Anyone with some good advice on what I can do to get my deposit back, please let me know! I am thinking I may have to miss my flight on Thurs, Oct 28th to stay a few days to initiate further proceedings.
Please help . . . I am feeling SO SICK over this that it has almost completely ruined my last few weeks here.
