I know this is a crappy thing to do, but I've had to do it to protect myself from landlords...the chances of getting your deposit back at the end of a contract is so slim that when I've been ready to move out of a place, I haven't paid the last month's rent. I learned my lesson the first time when I paid up until the last month and the landlord kept inventing BS excuses to not give me back my deposit...like saying that I did damage during my contract that was there when I moved in. I felt horrible doing it because I'm generally an honest person, but having to come up with first month's rent and deposit on a new place when the landlord won't return my deposit would have put me in financial straits.
You sure your not able to give notice of eviction based on the facts of them not paying for "X" amount of months??? I would think if they have a no landlord entering with out consent in there law books that they would also have statues protecting you the landlord. I would think you could serve them eviction notice and if there not out by that time you'd beable to call the police and they will forcefully remove them from the property or at the very least monitor them as they quickly move out. But then again this is Mexico and laws seem to be bent quite often and you may not get any law enforcement to help. In the U.S. this would fall under the sheriff department of the county to remove the occupants. Good luck. I know the legal system in the states with these matters is a pain to deal with (deadbeats are deadbeats and are hard to deal with or get anything out of them in the end, you always loose money even if you win) and I'm sure in Mexico it isn't easy either. Sounds like you may have to take matters into your own hand. Which is never good. Anyway you can cut the utilities to the property???? I'm sure its not legal but then again it seems many laws in Mexico aren't upheld so maybe worth a shot. You could always fabricate some story up about remodeling and would like the water, gas, and electricity turned off while you do the work. That should get them to move out fairly quickly. Once again I'm sure you'd be in the wrong by doing this but it may work. Good luck with everything. Nick and Renee
This is a scary thing, this landlord / tenant business. I have heard so many horror stories. In Florida, even if the tenant knows "the game" you can get them out in under 3 months in most cases. You must know the law there and it seems to me that you must know the law here if you are thinking of being a landlord. I think my best advice would be to hire a real estate attorney to handle the eviction. He or she will know the law, the type of notice required and the step by step process. So what if it costs you some time and $. It is the cost of doing business. And it beats the alternative of having them continue to stay in your apt without paying. Your now expired rental agreement should have some provision, if properly prepared, for hold over tenants. I have seen leases where, at the end of the specified rental term, the lease becomes a month to month lease. And I have even seen them where the monthly rental increases by 150% or even 200%. That way they are more motiviated to sign the new agreement. In Florida, which I know that this is not, another friend in the business had the front door removed from a rental house by some unknown handyman. The tenants who both worked vacated the property immediately since their personal property would surely be stolen. If they filed suit, it would take them just as much time as it would for the landlord, plus they would have to pay filing costs, etc. Good luck. Get a lawyer. Read every single clause in your lease. If it was prepared by someone with a brain, it should have a clause or clauses to help you. This certainly is not the first time a tenant has let a lease expire and tried to stay without paying. Keep us posted.
Thanks, all of you. There are definitely some beers (or more, TJ?) in sight :lol: Nick and Renee, when are you coming? To be serious, you cheer me up. 1) yes, there is a law here, but the application of it is another story. I know it well, and the contract (expired, there is no other one) says he has to pay $600 (pesos) a day + a % if he is late, or illegal as he is now. BUT, there is a big but, how can I retrieve this money. He paid for May, but is still illegal, without contract. So I have until June 1. 2) I have to file a suit. That will take months before getting the eviction notice, and he will probably disappear before. He told me a few weeks ago he was changing his.... razon social (how is it in english?). In short his company will not have the same name, and will be +/- unable to trace. So I will not know if he has properties (I know he has), and won't be able to seize them. 3) I went to Hacienda (tax dept), they know me very well and have always been very helpful, but they don't want to give me any info about his company. although he told me in Nov (stayed 2 months without paying) he had problems with them. I didn't charge them... I am too nice 4) I thought about cutting electricity. ...to be honest, I am afraid of his reaction. He is a strong man... Which is stupid, maybe he is afraid of mine! 5) TJ, would you have a name of such a lawyer? I think it is a better idea than whatever lawyer who will know nothing but will charge me a lot. They LOOOOOVE so much to go to court! It will cost me some $$$, but it is nothing compared to losing my apartment and not been able to rent it again. It is my only income here. It already stayed 6 months empty after Wilma because of those j*^#@s. who, BTW were not even here and were not "legal immigrants". I know the law is in favor of dishonest people. I just met 2 cops in the street, I asked them if they could just scare or intimidate him... one was willing to come, the other one said, we cannot, you have to go to the Ministerio Publico. Maybe I will go this afternoon, to get another opinion. Well... it is not a very pleasant environment! And let's not forget Mexico is the secound country for corruption in the world, they can always pay the judge more than I pay my lawyer. When I was in Canada (it happened many horror stories before I settle down in a wonderful high rise building), an ugly old guy (very ugly and very old) kicked me out of the house because I didn't want... what he wanted. The sheriff came on Jan 10, can you realize the weather at that date? although I always paid my rent in time. I don't remember his pretext... I am also trying some Mexican friends.... but so far they did nothing. Ok, if some day, I can get it back, you all know I have a luxurious fully furnished and equipped (at least it was so far :evil: ) studio apt on the beach for rent. And how nice I am :wink:
Jenleib - My sister used this real estate attorney when she was considering buying property here. I went to all of the meetings with her and he was very good. He explained Mexican real estate law very well so that it was understandable. He is friendly, speaks good English, was blunt and honest about her options, and overall just seemed to really know what he was doing. I'd use him if I ever need a real estate attorney. Juan José Corona Barssé Corona Barssé Reno 45, SM.20 77500 Cancun, Quintana Roo, Mexico Telephone: +52-998 884 3437 Hi Rivergirl - I'll let you know what I find out. This is the first apartment I've lived in where the landlord had a key when I moved in - all of the others have said "This is the ONLY key, don't lose it!" The landlord owns the building of 8 apartments. I have a good relationship with the landlord and don't want to harm that, but she's a little TOO emotionally involved in the property - almost motherly in the way she calls me to remind me the electric bill will be arriving this week, etc. and fretting over the fact that I wanted to hang pictures (and these are without a doubt the ugliest walls of any apartment I've lived in!). So I want to nip this coming-in-without-advance- notice-and-no-good-reason in the bud. She didn't even ask if that would be ok, she just told me that's what she would do. (Now... we should try to work in that coffee we've been talking about before I head back to the U.S. for a bit hopefully later this week - if I ever get my FM3 back or travel authorization from immigration, that is.)
for your rental problem My mexican husband says you need to hire a judiciales. My husband says you need to know a friend who is one or friend of a friend type thing. but they will get the job done for you. we are moving back to cancun in august /september and would love to take a look at your property for rental if available , buena suerte !
Martin, obviously you are lucky that my slang is not so good My English is 99.99% (or as TJ said once 33%, since I speak 3), just a part of the slang part is missing, as well as the abreviations, but I have several dictionaries online to solve that problem :wink: Martin, we are still to make some business together.... but if you are so badly-minded, I am not sure :lol:
Thanks Gringa, I called the lawyer. Unfortunately he says he deals only with sales/purchases, not on tenant/landlord matters. I am pursuing my fight... which is not yet a fight.
