are charges for rental property damage based on "useful life"?

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Gloria
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Re: are charges for rental property damage based on "useful life"?

Postby Gloria » Tue Feb 14, 2017 1:41 pm

bert.douglas wrote:
Gloria wrote:.... Floors are NOT REMOVABLE....carpets are! Take the time to look at the Civil Code.

What about "floating floors" ? :-)

Cute! Expected from a Californian.... :roll:
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wiscondinavian
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Re: are charges for rental property damage based on "useful life"?

Postby wiscondinavian » Tue Feb 14, 2017 2:24 pm

Gloria wrote:It may be ridiculous but that's the way it is Jack! Once you've cemented tiles or whatever on the floor, you're NOT longer the owner of that flooring and becomes part of the structure even if you have a receipts and they have been blessed by the Pope! If the original house didn't have flooring and you rented anyway....it's your problem. You may reach an agreement with the landlord but you cannot install flooring on any part of a rented house without a consent from the owner and if he/she refuses and you go right ahead and do it anyway.....you are out of luck. Floors are NOT REMOVABLE....carpets are! Take the time to look at the Civil Code.


What's the code that backs you?

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Gloria
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Re: are charges for rental property damage based on "useful life"?

Postby Gloria » Tue Feb 14, 2017 2:52 pm

Under rentals.
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Re: are charges for rental property damage based on "useful life"?

Postby admin » Tue Feb 14, 2017 2:57 pm

Gloria wrote:
bert.douglas wrote:
Gloria wrote:.... Floors are NOT REMOVABLE....carpets are! Take the time to look at the Civil Code.

What about "floating floors" ? :-)

Cute! Expected from a Californian.... :roll:


A young attorney one time was in front of a judge, that ruled against him.

The attorney cried out, "judge you can't do that, the [state] supreme court said you can't"!

The judge leaned over the bench and said, "the supreme court is on the other side of the river, and I am over here".

You ever hear the saying possession is 9/10ths of the law? Well, it is 9/10ths of the law here, there, and everywhere in the Universe, and often in Chile it is 11/10ths of the law.

There is a lot of crap in the statutes in Chile that are totally meaningless, unenforceable, gibberish. For example, there are also some that say married women can not own floors. I don't go around asking women if they legally own their floor.

:twisted:

I guess now I am just trolling Gloria.
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Gloria
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Re: are charges for rental property damage based on "useful life"?

Postby Gloria » Tue Feb 14, 2017 6:22 pm

...................I raise my case!.......................
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Re: are charges for rental property damage based on "useful life"?

Postby bert.douglas » Tue Feb 14, 2017 7:59 pm

Gloria wrote:
bert.douglas wrote:
Gloria wrote:.... Floors are NOT REMOVABLE....carpets are! Take the time to look at the Civil Code.

What about "floating floors" ? :-)

Cute! Expected from a Californian.... :roll:

Floating floors are everywhere.
http://www.yapo.cl/los_lagos/servicios/ ... 483421.htm
http://www.yapo.cl/los_lagos/comprar/ca ... 544197.htm

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Gloria
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Re: are charges for rental property damage based on "useful life"?

Postby Gloria » Tue Feb 14, 2017 8:26 pm

I would've never known if you don't pointed out! :lol:
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serebella
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Re: are charges for rental property damage based on "useful life"?

Postby serebella » Tue Feb 14, 2017 10:04 pm

I have not really had problems with deposit money being returned to me from 3 rental properties in the last 3 years. I may have been lucky, and I may be a tad niaive, but I believe that if you as the tenant are decent with the landlord, pay your rent on time, look after the property, admit damage when it occurs and offer to pay for it, etc, then landlords/people are invariably decent in return.

It may be the case that they're not used to such an approach from tenants here, and might be pleasantly taken aback and perhaps feel ashamed to try and take advantage ..... I don't know.

No doubt demonstrating throughout the tenancy that you're a moral, polite, decent yet steadfast person with the occasional disposition for psycotic behaviour when annoyed, will convince the landlord that you're not a person to take any crap from anyone should they begin to even think about treading the no-return-of-deposit path - it can't be worth their while after all to have their home windows put through, and their dog poisoned, for the sake of a deposit now can it?

I take photos and videos of every room, wall, carpet, furniture, etc (as well as the meter readings for gas, electricity cold and hot water) and email them to the landlord when I enter the apartment. There can be no dispute about the date the photos/videos were taken given such date/time stamp.

The problem with a deposit here is, as the administrator has aluded to, that it is in the hands of the landlord, and possession is 9/10ths, etc. Getting it back can be difficult and who wants to go to court to argue over a couple of hundred lukas?! Not worth the time or effort. In the UK, it is illegal for a landlord to hold a deposit - it must be held with an independent deposit bond holder and both landlord and tenant must apply for the deposit at the end of the tenancy, with both needing to deomnstrate their case for retaining some or part of the money (with the onus being on the landlord predominantly). Roll on that law becoming operative here in Chile!! The reason for introducing this law was for the reasons cited in this thread - landlord abuse of 'damage' claims and refusing to return the rent, particularly to renters who are often the more vulnerable sections of society.

Therefore your plan to get your deposit back starts before you even sign the tenancy agreement. You assess the quality of the landlord, you stipulate exactly what you expect back and see how she/he rails against or agrees with that, you include fair wear and tear policies in the rental agreement conditions, you take the aforementioned photos and have them sign the inventory (and the revised inventory when you discover more damage that you didn't initially see), and you conduct yourself throughout the tenancy impeccably. As you near the end of the tenancy you drop in the matter of the deposit and gain a reaction - if it is negative, consider withholding the last month's rent 'in case'. Ensure all bills are paid, as much as possible, and be in a postiion to evidence that, prior to the end of your tenancy, as they always say you can have the deposit back in over 30 days to cover bills that come in. Agree that there is no damage to pay on leaving and continusouly call and contact the landlord after leaving asking for the deposit and if all the bills are in, asking for proof of the bills (and having taken and photographed the meter readings on leaving in the presence of the landlord when carrying out the final check for damage.

Easy.

!

bert.douglas
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Re: are charges for rental property damage based on "useful life"?

Postby bert.douglas » Wed Feb 15, 2017 6:14 pm

Gloria wrote:I would've never known if you don't pointed out! :lol:

I am very literal minded. Most sarcasm goes right over my head.

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Re: are charges for rental property damage based on "useful life"?

Postby at46 » Wed Feb 15, 2017 8:21 pm

serebella wrote:I have not really had problems with deposit money being returned to me from 3 rental properties in the last 3 years. I may have been lucky, and I may be a tad niaive, but I believe that if you as the tenant are decent with the landlord, pay your rent on time, look after the property, admit damage when it occurs and offer to pay for it, etc, then landlords/people are invariably decent in return.

It may be the case that they're not used to such an approach from tenants here, and might be pleasantly taken aback and perhaps feel ashamed to try and take advantage ..... I don't know.

I only managed the first two paragraphs of what your wrote but I'll have you as a tenant any time you need an apartment in Santiago :)

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Re: are charges for rental property damage based on "useful life"?

Postby thisisreallycomplicated » Wed Feb 15, 2017 9:50 pm

admin wrote:If it really bugs you, about 99% of the time, as you said, the cheap cabinets, flooring, whatever is still sold at sodimac or easy (like exactly the same product, very little selection in chile) and can be replaced pretty cheaply.

If I could find the exact same stuff around here, that would work. But the cabinets are probably 10 years old, and I haven't seen them at Sodimac or Easy. But I haven't looked that hard either. And I'd consider almost everything normal wear and tear. I just don't know what the local idea of normal wear and tear is, compared to what I'm used to. I've been here for 5 years, so the little things start to add up. But they're mainly just little things.

If I could figure that worst case, I'd have to pay for the 5 years of expected life left, I could afford to destroy the whole kitchen:)
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Re: are charges for rental property damage based on "useful life"?

Postby thisisreallycomplicated » Wed Feb 15, 2017 9:59 pm

jehturner wrote:I just split the cost of replacing a kitchen cabinet (that turned out to be a bit of a pain) ruined by a tap that had been left dripping 50/50 with the tenant, but that's just me. When I have rented here outside my employer's premises I have got all my deposit back on one occasion and none of it (without a clear reason) on another.

Cheers,

James.

Was it expensive to have installed, or did you do it yourself? I know the cabinets are cheap, if anything does need replacing. But I have no idea what labor costs, or if I could find someone who knows what they're doing. When I asked around, to see if anyone knew a good plumber, everyone just said no:(
“Now it’s conspiracy – they’ve made that something that should not even be entertained for a minute, that powerful people might get together and have a plan. Doesn’t happen, you’re a kook, you’re a conspiracy buff!” – George Carlin


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