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Squatters

Posted: Wed Nov 11, 2020 11:14 am
by Curtez
Hey guys hope everyone is doing well.

Okay, lightning fast backstory:

Girlfriend (Chilean) rents out an apartment in El Centro to some guy, this guy sublet the apartment to a Peruvian girl (no contract, just verbal).
The girl just straight up decided she does not want to pay because she "can't". She is very attractive, has a kid, and beyond hyper manipulative and uses her looks to get what she wants (I have seen her do it personally with building employees). We cut the water and lights, but she used her kid as a weapon for the "I am a single mother think of the children" BS, etc. so for whatever reason they turned it all back on for her. We have called the Carabineros, TWICE, who have come just to say they can't do anything and told us to "call a lawyer." The girl now has her friend staying there with her too, both have been using the apartment for 100% free of charge for the last 5 months. Building management is useless.

Does anyone have ANY idea how to get rid of this low-life bottom-feeder? She knows 100% Chile protects squatters (why? I stopped asking that a long time ago), she knows we cannot physically force her out, she knows and can control building management with her on-demand crying waterworks, and she knows the cops will not act either.

Thoughts? Please help.

curtez

Re: Squatters

Posted: Wed Nov 11, 2020 11:29 am
by 41southchile
Curtez wrote:
Wed Nov 11, 2020 11:14 am
Hey guys hope everyone is doing well.

Okay, lightning fast backstory:

Girlfriend (Chilean) rents out an apartment in El Centro to some guy, this guy sublet the apartment to a Peruvian girl (no contract, just verbal).
The girl just straight up decided she does not want to pay because she "can't". She is very attractive, has a kid, and beyond hyper manipulative and uses her looks to get what she wants (I have seen her do it personally with building employees). We cut the water and lights, but she used her kid as a weapon for the "I am a single mother think of the children" BS, etc. so for whatever reason they turned it all back on for her. We have called the Carabineros, TWICE, who have come just to say they can't do anything and told us to "call a lawyer." The girl now has her friend staying there with her too, both have been using the apartment for 100% free of charge for the last 5 months. Building management is useless.

Does anyone have ANY idea how to get rid of this low-life bottom-feeder? She knows 100% Chile protects squatters (why? I stopped asking that a long time ago), she knows we cannot physically force her out, she knows and can control building management with her on-demand crying waterworks, and she knows the cops will not act either.

Thoughts? Please help.

curtez
I feel your pain, I have heard so many stories about this and its even been on T.V a few times.
Lawyer up , be patient, and prepared to spend and loose more money.
The whole thing is a joke. Renting out property is a complete lottery here and tenants have all the rights it seems in cases like this.

Re: Squatters

Posted: Wed Nov 11, 2020 2:15 pm
by nwdiver
Was the sublet legal? Go after the guy that rented it (sic a lawyer on him) he may help move her out. I would never allow a sublet, but that just me.

Re: Squatters

Posted: Wed Nov 11, 2020 2:30 pm
by Britkid
--Deleting--

On second thoughts I am going to delete my advice that was previously here from a few hours ago since I don't know the exact legalities of the situation. Hope you had chance to read it before it self destructed. If not, we can always discuss by private message. I kept a copy ....

Re: Squatters

Posted: Wed Nov 11, 2020 11:54 pm
by Jamers41
nwdiver wrote:
Wed Nov 11, 2020 2:15 pm
Was the sublet legal? Go after the guy that rented it (sic a lawyer on him) he may help move her out. I would never allow a sublet, but that just me.
I had a similar line of thought.

Re: Squatters

Posted: Thu Nov 12, 2020 7:37 am
by admin
you have to go through the courts.

Re: Squatters

Posted: Thu Nov 12, 2020 9:16 am
by Curtez
The original lease to the guy was a written contract. In a surprise twist, this guy owes back rent on not 1, not 2, nor 3, 4, but rather, FIVE apartments. How he was able to obtain so many I'll never know. The guy is on the building's s*** list but in typical fashion, no action has been, is being taken, or will be taken against him. He sublet the apartment without us knowing. Everything WAS directly from him. Payments, papers, contacts, EVERYTHING. So the Peruvian was a complete surprise. The sublet was a verbal agreement and no legal sublease was on paper. (Which I have been advised is the only positive thing here).

I fear if I wait for the courts, I will be dead LONG before any results will appear.

We have also been advised that if we wait for both squatters to leave, we ARE allowed to enter the house, and remove all items and place them in the hallway. We were told that this action is NOT classified as forceful removal because no physical contact is made.

Any thoughts on this last idea?

curtez

Re: Squatters

Posted: Thu Nov 12, 2020 12:06 pm
by snobrd4life
admin wrote:
Thu Nov 12, 2020 7:37 am
you have to go through the courts.
There's probably the best advice you're going to get for free.
Curtez wrote:
Thu Nov 12, 2020 9:16 am
We have also been advised that if we wait for both squatters to leave, we ARE allowed to enter the house, and remove all items and place them in the hallway. We were told that this action is NOT classified as forceful removal because no physical contact is made.
There's probably the best advice your going to get if you want trouble. How can you be sure that you are entering theapartment with nobody inside? You're going to open a can of worms if done incorrectly, not to mention piss off the neighbors that will have to navigate what is probably already a narrow hallway. Building management will probably have reason to fine you for obstruction of common space.

Re: Squatters

Posted: Thu Nov 12, 2020 12:15 pm
by eeuunikkeiexpat
Manipulative and attractive peruana probably has male friends that can be violent (convinced to be violent) so think that one through, especially knowing the hands off policy towards recent immigrants from the region and the revolving door policy to all types of crime in general.

Re: Squatters

Posted: Thu Nov 12, 2020 12:39 pm
by PaltaConPollo
Unfortunately this is the risk you take when renting out property in Chile, I've heard plenty of horror stories like this over the years. My Chilena friend's mother once had a problem with non-paying tenants who declared squatters' rights and refused to leave, getting them out took over a year and tens of millions in legal fees and refurbishment costs (as the scumbags trashed the place before finally getting evicted), which she is still paying back to this day. No way I'd touch renting in Chile with a bargepole, all you need is one nightmare tenant to ruin everything and, as with most criminals in this country, the law is on their side and they are pretty much legally untouchable.

Re: Squatters

Posted: Fri Nov 13, 2020 7:52 pm
by admin
Your options are this simple.

you need to hire an attorney.

you need to go court.

anything else you do without the right legal council, can put you on the sharp end of a civil suit, criminal charge; or, both.

Re: Squatters

Posted: Fri Nov 13, 2020 7:54 pm
by admin
FYI, if you hire an attorney, and this guy had a pattern of contracting apartments and not paying, then you might be able to go after him for fraud.

again, find an attorney.