Job Discussion Forums

[TheLongWayHome]

So we've spent the last 2 or so months trying get the deposit back from the last place we lived in. There is no good reason for the landlady to keep the deposit, apart from those she invents. The latest one is that the owner of the apartment's husband has died - would she lie about a thing like that? Probably.

Is there anything we can do, legally or otherwise?

Thanks in advance for any suggestions.

[Samantha]

http://www.profeco.gob.mx/consumidor/denuncias1.asp#extranjeros

The problem here is that deposits get spent and then they aren't there to refund. It's a big problem and when we were renting we used our deposit as the final month's rent in order to prevent losing it. If your former landlady is not paying taxes I suspect she will refund your money rather quickly if you tell her you are going to file a complaint. Try first to go in person to your local PROFECO office (after giving your landlady a final deadline) rather than submitting to Mexico City first as it says here. That way you will know quickly if they can help you or not. Our local office is quite efficient in dealing with rip-offs so it's worth a try.
This comes from the English version near the bottom of the above webpage. See the webpage for the clickable links to the brochures.

[MELEE]

Where I live deposites are usually the LAST month's rent. When you move in your pay first and last month's rent rather than first and a deposite. That way the landlord is protected that you will give at least a months notice before moving out, so they have that time to start looking for a new renter and don't have to go without income.

[Samantha]

What protects the landlord for outstanding long distance charges, CFE (especially in summer), etc. when a foreign tenant is long gone and there is no deposit? I have heard of phone bills larger than a months rent being left behind by foreign exchange students studying at Tec. Tec has a difficult time placing students here for that reason. Landlords have been burned and the word is out. It is most common here at the beach, because of the transient nature of tourists and foreigners, to charge first month, last month (as you say, so they can have 30 days notice) and a months deposit to cover outstanding bills and damages.

[MELEE]

Where I live TELMEX and the climate protect landlords from those bills! It takes months or years to get a phone line, so most renters don't. And there is no need for artifical climate control so CFE bills are rarely over 100 pesos for two months.

Moral of the story? This is a BIG country with a lot of variety inside her boarders. There are no one-size-fits-all answers.

[Guy Courchesne]

TLWH, did you get anything signed that you'd paid the deposit? I guess even if you did, you'd still have to get some help, maybe from Profeco like Sam says...wonder how long that would take?

[TheLongWayHome]

[Samantha]

Did you read that information from the statute yourself (or have someone read it to you, like a lawyer) because this certainly isn't close to how the statute reads in our State. Of course there isn't a "one-size-fits-all" lawbook in Mexico. It's like up north where each State has it's government. One of my private students is a corporate lawyer so I have seen a few of these landlord/tenant "Mexican stand-offs" and how they turned out in real life.

Withholding rent is not a good idea unless you want to be on your ear in the street. As a foreigner you want to be cautious because you never know how well connected your landlord is. Think daughter's friend married to someone who works in Immigration, and picture a knock on your door to inspect your working papers. Poof, instant deportation. It happens. That is why I suggested PROFECO. No need for screaming matches, it's very un-Mexican.

[TheLongWayHome]

[Guy Courchesne]

This thread got me thinking about the lease I'd just signed recently. In it, I noticed a clause that simply states the landlord shall receive a deposit (equal to one month's rent) which will be returned to the tenant within 30 days of terminating the lease, provided that the premises are in good condition, etc, etc.

Nothing like that in your lease TLWH?

[Samantha]

Same here. The deposit is to be returned within 30 days of move-out, less utitilities due and cleaning or repairs needed. Here we most certainly aren't "perfectly entitled" to withhold rent. Unless that was written into a signed contract I don't recommend that approach. I haven't seen it in any contract we've ever signed when renting. BTW, the laws here are also designed to protect the tenant too, but withholding rent is not part of that deal. Think how that could be abused. What's to protect the landlord from rogue tenants?

[TheLongWayHome]