Renting without a contract - landlord trying to kick us out

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Brandonio
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Renting without a contract - landlord trying to kick us out

Post by Brandonio » Mon Oct 08, 2018 10:24 am

My mother-in-law and wife moved into a property in Santiago 17 years ago (we have evidence of this), the landlord (a stubborn old man that never admits he is wrong and is perhaps the most disorganised man I've ever met - his house is bordering on a health hazard) lives next door and the relationship has been mostly amicable. They never signed a contract with him so it has always been a verbal agreement. My wife moved away for a few years to Arica (we met when she lived there in 2011), but we decided to move back to Santiago with our 3-year-old child to find jobs here so we have been living in the property together while we try to find jobs to get a mortgage to buy a house, we have savings in a house account ready. The landlord doubled the rent as soon as we moved in a few months ago, but at that point he said had no problem with us staying here and it was a good deal for us and we planned to stay here until we both got jobs, our son was settled and we could rent a better property.

Issue 1 - Last month we found out/worked out he was charging us 3x as much for the electricity (there's 5 different houses that come under the same electricity bill so it clearly wasn't split properly/fairly) so my wife and mother-in-law went with him to discuss the matter and show him how to work it out. He said we were doing it wrong (even though we checked with somebody at the electricity company) and that we hadn't taken into account the insurance he pays on it (which we had).

Issue 2 - According to him, a day or two after my mother in law bumped into him outside the house in the street and said "viejo ctm me asustaste" now my mother-in-law denies saying this (and if she said it then it wasn't directed to him and it was just she got a big scare) but he says he has a witness - anyway it is because of this incident (he cites abuse and a lack of respect) and the electricity bill issue that he is refusing to accept the rent payment and wants us out ASAP - he just shouted at us to leave yesterday over and over. These are obviously pathetic reasons to kick somebody out on and it seems he has another motive or isn't sound of mind.

We don't really have anywhere to go at the moment as although we could afford somewhere else through savings, we don't have the salary proof to be able to rent a property...etc...(we have tried before) so we would like to stay here if possible especially because our son has just started at a kindergarten he really loves and has only just got used to this city and house and it also kind of ruins our plans. We also have a dog which always makes trying to rent somewhere more difficult.

Does anybody else have experience of this kind of issue and any advice on how to go forward with it?

What rights do we have as tenants on a verbal contract agreement?

Worst case scenario I believe is he gets a court order and can evict us with 15 days notice, but surely we could contest that? I've read conflicting info so would appreciate any help here or somebody to point me in the right direction. Cheers!

at46
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Re: Renting without a contract - landlord trying to kick us out

Post by at46 » Mon Oct 08, 2018 12:14 pm

I heard that you get 1 month extra notice for every year you lived at the property. Not sure if there's a limit to that or if it's only available with a contract. But I'm sure he can't just kick you out in two weeks, given your history there and the fact you have kids. Go talk to carabineros.

bow26
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Re: Renting without a contract - landlord trying to kick us out

Post by bow26 » Mon Oct 08, 2018 12:45 pm

Yeah I’ve seen people do this to kick someone out several times in Chile- either wildly exaggerate and call it abuse, or completely fabricate a situation with the pretext of getting Carabineros involved. Have seen a couple of Oscar winning performances in the past.

Basically, you are too much trouble now that you won’t pay what he wants without questioning.

The rent doubled as soon as you moved in- that for starters makes no sense.

This guy is basically taking the mick as we’d say where I’m from.

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Re: Renting without a contract - landlord trying to kick us out

Post by admin » Tue Oct 09, 2018 8:43 am

that sounds like a mess.

in short, from a legal strategy perspective, generaly make him spend the money to evict you. it will be slow and expensive for him.

however, from a practical level, do you realy want to live next door to him?

anything more than that, you need an attorney to look at the spefic details of the case.
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Re: Renting without a contract - landlord trying to kick us out

Post by admin » Tue Oct 09, 2018 8:51 am

also, document rent payments as far back as you can. canceled checks, transfers, etc. any money he recieved for anything.

It kicks it in to a whole diffrent level of legal mess for him, if it comes to that.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
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From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

mem
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Re: Renting without a contract - landlord trying to kick us out

Post by mem » Tue Oct 09, 2018 10:53 am

admin wrote:
Tue Oct 09, 2018 8:51 am
also, document rent payments as far back as you can. canceled checks, transfers, etc. any money he recieved for anything.

It kicks it in to a whole diffrent level of legal mess for him, if it comes to that.
It sounds like maybe you have been giving the guy cash directly in his hand. I hope not, because then there is no record. It's best to deposit rhe cash in his bank account and then you get a caja region with the amount and his name on it

Brandonio
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Re: Renting without a contract - landlord trying to kick us out

Post by Brandonio » Tue Oct 09, 2018 3:23 pm

admin wrote:
Tue Oct 09, 2018 8:51 am
also, document rent payments as far back as you can. canceled checks, transfers, etc. any money he recieved for anything.

It kicks it in to a whole diffrent level of legal mess for him, if it comes to that.
My wife found something he signed for when she was at University around 12 years ago and needed to proof of address. I think all the rent payments have been cash in hand, but we've got plenty of evidence that my wife and mother-in-law have been ages.

Thanks for all the responses. We're gonna contact a lawyer.

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