Chile Forum

Can anyone help me out on the tennant rights in Chile? I have been living in the same apartment for four and a half years. I have now put everything in place to move out at the end of the month to my new place, and today sent an email to my landlord so as to give him a month's notice.

His response has been to say that the next available date to end the contract is in June 2011, as the lease renews automatically, and that unless he authorizes and there is a new tenant in place, he sees ending the contract on the 31 of January as impossible.

I could accept leaving behind my damage deposit, but there is no way I want to be on hook for rent untill June. And frankly, they need time to work on the place befor they rent it out again - there are cracks from the quake, and water damage/paint peeling from slow leaks in the walls (that we have complained about).

In other countries, I know that after 4 years of living in the apartment, I would be fine with one or two month's notice, regardless of the "year lease" in the rental agreement. Does anyone know what the situation is in Chile? Any help is much appreciated.

Thanks

Did you pay the last months rent?

if you read through the forum you will find advise... dont ever pay the last months rent.....

and just walk out!


also, he could be proactive and help find a replacement for the apartment, presuming he is right.. my last agent did, and i got out of the contract 3 months early.... (still didnt pay the last months rent because the land lord wanted to bill me for painting walls)

anyway

I did notice in my contract that it automatically renews after the first year for a another year....... if you dont give 90 days notice prior to the first year ending... but it didnt say after year 2 that it renewed again........

have you signed anything recently?, do you have a copy of the contract?

anyway, chances of him going to court? chances of court finding you?

someone might have some more legal advise than mine and may be able to help you.....

This is so contract (and situationally ) specific, it will really need to be something you are going to need a lawyer to look at.

Errrr, first just read your contract. If it states that there's a silent renewal the landlord is probably in his right, if not you can tell him to take a hike....but still see below

zer0nz wrote:Did you pay the last months rent?
if you read through the forum you will find advise... dont ever pay the last months rent.....
and just walk out!.....

Second the law in Chile says that you need a 'salvo conducto' from the notary to move house! If you don't have one no legit mover will help you. But even if you do without the moving company, you still need that 'salvo paper'. And should the police or comuna guard check up on you while moving out you risk a fine and more. And the nice (not) part in Chile is that the notary demands that you have a written and signed permit of the landlord to move......

Good luck.

Mokum wrote:Second the law in Chile says that you need a 'salvo conducto' from the notary to move house! If you don't have one no legit mover will help you. But even if you do without the moving company, you still need that 'salvo paper'. And should the police or comuna guard check up on you while moving out you risk a fine and more. And the nice (not) part in Chile is that the notary demands that you have a written and signed permit of the landlord to move......

Good luck.

How can that be? I live in Valdivia, I hired a mover, got all my property out of the rental and I moved out no questions asked. In fact, I broke the lease since it was for a year but 6 months later I decided not to continue ( told them I was moving out of the area) even got my deposit back.Are the rules different for those living in Santiago? I love his country

Gloria wrote:How can that be? I live in Valdivia....

It's true everywhere in CL. Even in Valdivia. Has been for years. If the pacos catch someone making a move without the salvoconducto, the goods, vehicle, and driver can get pinged. And you have to certify that there is no contractual impediment to your move. However, the way I read the current law, if you can show proof of having paid the last month's rent you don't need the landlord's approval. Tell me if I am wrong on that point.

You're going to jail Gloria....


I think this is latest rev

LEY NÚM. 20.227
MODIFICA DIVERSOS CUERPOS LEGALES PARA SUPRIMIR
FUNCIONES ADMINISTRATIVAS DE CARABINEROS DE CHILE
Artículo 4º.- Reemplázase el artículo único del decreto con fuerza de ley Nº 216, de 1931, del Ministerio de Hacienda, sustituido por el artículo 2º de la ley Nº 19.866, por el siguiente:

"Artículo único.- El propietario u ocupante a cualquier otro título de una vivienda, para cambiar su
domicilio, deberá efectuar una declaración jurada ante el notario con competencia en la comuna en que el declarante tiene actualmente su morada, o ante el Oficial del Registro Civil competente en el mismo lugar, si allí no hubiere notario, en la cual dejará constancia del domicilio del cual se mudará y de aquel al cual lo hará. En esta declaración jurada se deberá dejar constancia, además, de que el declarante no tiene impedimento legal, judicial ni contractual para efectuar la mudanza.

El Notario o el Oficial Civil ante el cual se realice la declaración señalada en el inciso precedente,
solicitará al declarante antecedentes que acrediten la calidad invocada, para lo cual bastará exhibir los recibos del impuesto territorial o del pago de los
servicios, extendidos a su nombre. Si quien se trasladará no es el propietario, deberá presentar la autorización de éste o de quien haya recibido la tenencia del inmueble, o el recibo que acredite el pago de la renta de arrendamiento correspondiente al último
mes, así como las constancias de encontrarse al día en el pago de los servicios con que cuente el inmueble. El arancel por la declaración jurada señalada en el inciso primero no podrá ser superior a dieciocho milésimos de unidad tributaria mensual. Si no se ha dado cumplimiento a las disposiciones
precedentes, Carabineros impedirá que se efectúe la mudanza. Sin perjuicio de ello, la infracción será castigada con multa de una a cuatro unidades tributarias mensuales, por el respectivo juzgado de policía local.".


and so on

yea, there are ways to prove that you have a contract dispute, and still get your moving permit. Thus, why you will most likely need a lawyer. It is primarily designed to stop people from simply pulling up to the house with a truck and unloading all the furniture.

If you want, call one of the numbers below, ask for Zandra Valenzuela. Zandra should be able to tell you where you stand fairly quickly. No charge. These are typically one of those little things we can solve or at least point you in the right direction, that we don't normally charge people for anyway. Have a scanned copy of your contract ready to send Zandra by email. She will want to see it.

If it turns in to some sort of epic supreme court case, then we might have to discuss billing arrangements; but, I highly doubt it.

patagoniax wrote:You're going to jail Gloria....

Let's look at this in a more positive way...... free room and board !
That's what I call.." moving Gloria's way". Grab your stuff and get the hell out! After all "rules are made to be broken" ( and I have broken quite of few of them)

Wow, thanks so much for the responses (especially admin!). I had heard about the salvoconducto, but didn't realize that you could get fined without one. With the amount of cops wandering around Providencia these days, it would be tempting fate to go without one (especially since I am planning a number of trips with a small truck).

Admin, thanks so much for the offer. I will give a call tomorrow morning, when I can get a scan of the contract ready. When I moved in I couldn't really read Spanish too much. Reading it now, I am kind of amazed at some of the clauses. I've been here long enough to know that it could just be "business as usual" in Chile, but still....

An acquaintance told me to just claim that I lost my job and that I have to relocate back to my home country (he got out of a similar contract that way), but I am not much on lying.

Thanks again

matrix wrote:An acquaintance told me to just claim that I lost my job and that I have to relocate back to my home country (he got out of a similar contract that way), but I am not much on lying.

Ahhhh....glad to know that a "chamullo" once in a while it's totally harmless.It's better than getting tangled in a dispute in court. It's good to be honest 95% of the time, just leave that 5% of white lies for your own benefit.