Using security deposit as last month's rent?

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coffeecup333
Rank: Chile Forum Tourist
Posts: 11
Joined: Wed Jul 18, 2018 12:35 pm

Re: Using security deposit as last month's rent?

Post by coffeecup333 » Thu Jul 19, 2018 6:27 pm

Gloria wrote:
Wed Jul 18, 2018 8:14 pm
We are not planning on renewing the lease with them but is it possible to use the security deposit as last month's rent? The lease says we can not but I am told he can't enforce it being that it's our last month and is quite common in Chile to do this.
As a norm it should be returned (or not) to the renter after the inspection of the premises in case of damages etc as it is in the US, however in Chile most people have use of it as payment of last month of rent for reasons already explained earlier.

Can we move out at the end of the apartment without a letter saying we can move (I heard we need this letter)?
No, you cannot. You must send a certified and notarized letter cancelling your contract 2 MONTHS in advance, so by the end of this month to be safe you need to do this.

me go to a notary to notarize our rental agreement so I hope this doesn't affect anything legally.
Whether or not this contract was notarized, you are still liable to the contract.
Next time, if a landlord doesn´t notarize a legal agreement, don´t do business with him or her for your own protection.
Please keep in mind that chileans as a whole like to live "at the edge of the law" and whether the laws are written in the Civil Code of the Republic of Chile, they piss on it anyways.

Gloria, the rental lease in the wife's name lists the apartment we are living in as their address. They never lived there but it was always an investment property so where can I send this certified letter? Is it valid to email them since the contract only says to give 60 days notice of non-renewal?

coffeecup333
Rank: Chile Forum Tourist
Posts: 11
Joined: Wed Jul 18, 2018 12:35 pm

Re: Using security deposit as last month's rent?

Post by coffeecup333 » Thu Jul 19, 2018 6:32 pm

GAminer wrote:
Thu Jul 19, 2018 4:45 pm
I was under the impression that if just about any document was not notarized, that it was not considered legal? Jobs, cars, real estate all required a notary at some point along the process. If that is the case you could just leave whenever you wanted. Everyone I know, chilean and foreign have told me to use the deposit as the last months rent because the owner will not return it. The bills you can pay online more than likely minus the gastos comunes, for those just average the last 3 months and deposit that to the owner.
I like this idea the best. But how would I do this? Just email him on the last month of the contract during the 5 days that rent would be due and let him know to use the security deposit? I can already see his reaction to this. Unfortunately with bad timing, I will also be out of the country for a couple weeks during this time. We changed the locks when we moved in but can he do anything to the place or our things? Do I tell him I will average the 3 previous gastos and deposit that to the owner the following month? Thank you for your input.

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