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Dragonlady
Joined: 10 May 2004
Posts: 720
Location: Chillinfernow, Canada
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 Posted: Wed Mar 09, 2011 10:53 pm Post subject: |
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Last edited by Dragonlady on Sat Dec 03, 2011 3:54 pm; edited 1 time in total |
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Phil_K
Joined: 25 Jan 2007
Posts: 2041
Location: A World of my Own
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| Posted: Wed Mar 09, 2011 11:01 pm Post subject: |
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No, paid on trust to the builder in a small town (7000 people) where everyone know everyone, my mother-in-laws pueblo.
Our mistake, but no big deal as the majority of the work was done, so we fired that builder and brought in a family member to finish the work.
BTW, I'm not sure I'd trust a lawyer either! |
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Isla Guapa
Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana
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| Posted: Thu Mar 10, 2011 12:18 am Post subject: |
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| Dragonlady wrote: |
| Isla Guapa wrote: |
| I've had same problems with getting security deposits back in the US, so I always used the my security deposit to pay the last month's rent. |
I suppose that would depend on how the contract was worded. A few do not refer to deposits as damage deposits specifically. However, it is my understanding that most rental agreements clearly state that (damage) deposits can not be used against outstanding rental income. It's actually one of the clauses in the Canadian Landlord and Tenant Act.
Regards,
DL |
That may be true in Canada, DL, but it doesn't work that way in the US. |
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Guy Courchesne
Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City
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| Posted: Thu Mar 10, 2011 12:32 am Post subject: |
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| Isla Guapa wrote: |
| Dragonlady wrote: |
| Isla Guapa wrote: |
| I've had same problems with getting security deposits back in the US, so I always used the my security deposit to pay the last month's rent. |
I suppose that would depend on how the contract was worded. A few do not refer to deposits as damage deposits specifically. However, it is my understanding that most rental agreements clearly state that (damage) deposits can not be used against outstanding rental income. It's actually one of the clauses in the Canadian Landlord and Tenant Act.
Regards,
DL |
That may be true in Canada, DL, but it doesn't work that way in the US. |
I'm curious DL, do you have a link to this act? I couldn't find anything and had always thought landlord and tenancy acts were handled at the provincial level and not federal.
| Quote: |
| BTW, I'm not sure I'd trust a lawyer either! |
Smart lad. There's a special section in hell reserved for lawyers. |
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Dragonlady
Joined: 10 May 2004
Posts: 720
Location: Chillinfernow, Canada
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| Posted: Thu Mar 10, 2011 1:39 am Post subject: |
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Last edited by Dragonlady on Sat Dec 03, 2011 3:53 pm; edited 2 times in total |
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Dragonlady
Joined: 10 May 2004
Posts: 720
Location: Chillinfernow, Canada
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| Posted: Thu Mar 10, 2011 1:43 am Post subject: |
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Last edited by Dragonlady on Sat Dec 03, 2011 3:52 pm; edited 1 time in total |
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Guy Courchesne
Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City
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| Posted: Thu Mar 10, 2011 1:52 am Post subject: |
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| but if you're really interested - and I have to wonder why , why not just google the clause. Something will come up. |
I was just curious, being Canadian and nosy after all  , also after googling and not finding it. I did find the provincial acts.
I always had trouble in Ontario getting deposits back but never tried to fight a landlord under the Act(s). |
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TeresaLopez
Joined: 18 Apr 2010
Posts: 601
Location: Mexico City
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| Posted: Thu Mar 10, 2011 3:38 am Post subject: |
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| Dragonlady wrote: |
Let me guess... no written agreement in place (onus on landlord)... tenant doesn't want to move after all and requests 'those repairs mentioned' be dealt with... landlord doesn't want to for whatever reason... tenant stops paying rent in protest... landlord threatens to throw tenant out to the street... tenant seeks legal advice... court awards compensation to the injured party on the bases that those in power have legal obligations to those who don't...
Oh, those were fun days  . Tell me, was I close?
Regards,
DL |
No, not really. There were no repairs promised, she was in a desperate situation and needed a place to stay for, she said, a few months. She repairs needed did not effect the livability of the apartment, and it was made quite clear to her before she moved in. She was only paying 700 pesos in rent. And, no, there was no written agreement, she was someone my BIL had known for more than 20 years, and thought he could trust. He found out otherwise. There were no damages awarded to her, we didn�t make it that far. She was in no way damaged, we did her a favor, and were repaid by being stabbed in the back. And, because she had a child, we let her stay 3 months without paying rent, during which time she was going to try to find a place, but that was a lie too. In all, she stayed close to a year and a half (after the 3 month grace period) without paying rent. We finally got tired of it, and paid her to leave. So you tell me, just who was the damaged party here? |
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Isla Guapa
Joined: 19 Apr 2010
Posts: 1520
Location: Mexico City o sea La Gran Manzana Mexicana
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| Posted: Thu Mar 10, 2011 4:10 am Post subject: |
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I wonder why Mexican law protects deadbeat tenants  |
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Dragonlady
Joined: 10 May 2004
Posts: 720
Location: Chillinfernow, Canada
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| Posted: Thu Mar 10, 2011 5:01 am Post subject: |
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Last edited by Dragonlady on Sat Dec 03, 2011 3:51 pm; edited 1 time in total |
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amaranto
Joined: 02 Jun 2009
Posts: 133
Location: M�xico, D.F.
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| Posted: Fri Apr 08, 2011 6:53 pm Post subject: |
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I ended up getting a fiador to help out, which worked just fine. I'm starting to think they would have let me off the hook with nothing extra, though, since I just saw my upstairs neighbor pay 2 months of back rent to the owner yesterday  |
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Guy Courchesne
Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City
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| Posted: Fri Apr 08, 2011 7:10 pm Post subject: |
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| What did the fiador cost if I might ask? Last time I used one I paid 10% for the full year in advance, amounting to a little over 3000 pesos. |
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amaranto
Joined: 02 Jun 2009
Posts: 133
Location: M�xico, D.F.
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| Posted: Fri Apr 08, 2011 8:10 pm Post subject: |
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| Someone I work with was nice enough to sign for me, so I didn't have to pay anything. I've heard 10% is about average. |
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