liabilities when leasing a house

General topics related to Living in Chile
Post Reply
thisisreallycomplicated
Rank: Chile Forum Citizen
Posts: 1936
Joined: Sun Aug 07, 2011 6:25 pm
Location: Coquimbo

liabilities when leasing a house

Post by thisisreallycomplicated » Tue Dec 25, 2018 11:23 pm

I may need to move, so I'm looking at houses to rent. And one clause I've seen in Chilean leases, seems to make the tenant liable for all damages. Including total destruction due to earthquakes, tsunamis, giant meteors, etc.. I've read through some of the discussions here, and it seems like these clauses are pretty common, so I assume that some people actually knowingly accept them. Are there laws here that protect these people? I'm asking because I'm looking at a house with a lease like this. And I like the house, but I can't afford to replace it, if it falls into a giant sinkhole.
“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

User avatar
admin
Site Admin
Posts: 17543
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: liabilities when leasing a house

Post by admin » Wed Dec 26, 2018 9:36 am

yea that language is pretty common to cut and paste rental contracts the real estate agents push.

we typicaly remove them from our clients contracts.

im not aware of anyone ever winning such a case in court.

i guess if you are realy worried about it get an insurance policy. we often split the payment with owner. they pay the part for the structure, and we pay contents for things like robbery and fire.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

thisisreallycomplicated
Rank: Chile Forum Citizen
Posts: 1936
Joined: Sun Aug 07, 2011 6:25 pm
Location: Coquimbo

Re: liabilities when leasing a house

Post by thisisreallycomplicated » Wed Dec 26, 2018 7:37 pm

Thanks, I didn't know insurance was an option here. That would at least cover the earthquake problem. But I think I'd still have to repaint the whole house, fix problems due to faulty plumbing, and deal with any other problems they aren't telling me about. So I'll probably keep looking for another house, unless they agree to change the lease.
“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

Julito
Rank: Chile Forum Citizen
Posts: 250
Joined: Sun Apr 19, 2015 5:39 pm
Location: Villarrica

Re: liabilities when leasing a house

Post by Julito » Thu Dec 27, 2018 12:47 am

JLT, Jardine Lloyd Thompson, insurers all over most of the world (not Brazil, too corrupt) with offices in Chile. Check them out...

User avatar
admin
Site Admin
Posts: 17543
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: liabilities when leasing a house

Post by admin » Thu Dec 27, 2018 8:38 am

there are a bunch of home owner insurance policies avaible.

for our house, we own, we pay about 30,000 a month for structire and contents.

in rural areas it gets a lot more limited in choices, but their are companies that do it.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

Donnybrook
Rank: Chile Forum Citizen
Posts: 3216
Joined: Thu Nov 24, 2011 10:34 am
Location: Santiago, Chile

Re: liabilities when leasing a house

Post by Donnybrook » Thu Dec 27, 2018 10:21 am

I insured through my bank. Check if your's offers something. Also Falabella are insurance brokers. I have the car insurance through them and response has been very good.

mem
Rank: Chile Forum Citizen
Posts: 427
Joined: Tue Nov 24, 2015 11:18 am

Re: liabilities when leasing a house

Post by mem » Thu Dec 27, 2018 10:48 am

That is not what I have encountered. I've dealt with several rental contracts and the circumstances have been either nothing said to which I add an acts of God clause...earthquakes, fire, flood, tornado, (house cannot safely be lived in per rental agreement) etc and the lease is broken and I am immediatley due the deposit back

I have never had a realtor or owner balk at that. The only things that my contracts have specified liability are things like consumables...light bulbs, water pipe washers, toilet washers/parts that naturally degrade with use, but it's just peanuts.

Anything with the house structure the landlords send someone to fix at the landlords cost. That's one of the benefits of renting.

thisisreallycomplicated
Rank: Chile Forum Citizen
Posts: 1936
Joined: Sun Aug 07, 2011 6:25 pm
Location: Coquimbo

Re: liabilities when leasing a house

Post by thisisreallycomplicated » Thu Dec 27, 2018 4:23 pm

Thanks, I started looking at JLT. And I'll look into some of the other options too. Even if I give up on this house.

It turns out, the owner may be ok with an earthquake clause, but I'm not sure about other natural disasters. But he still wants me to be liable for anything else, including normal wear and tear (I'd have to repaint the whole house, if I lived there long enough, since it was just painted). And damage from plumbing leaks inside the walls, roof leaks, etc.. Would insurance here typically cover any of those? It seems unlikely that it would cover normal wear and tear, but might cover things like plumbing disasters.
“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

mem
Rank: Chile Forum Citizen
Posts: 427
Joined: Tue Nov 24, 2015 11:18 am

Re: liabilities when leasing a house

Post by mem » Thu Dec 27, 2018 6:01 pm

thisisreallycomplicated wrote:
Thu Dec 27, 2018 4:23 pm
Thanks, I started looking at JLT. And I'll look into some of the other options too. Even if I give up on this house.

It turns out, the owner may be ok with an earthquake clause, but I'm not sure about other natural disasters. But he still wants me to be liable for anything else, including normal wear and tear (I'd have to repaint the whole house, if I lived there long enough, since it was just painted). And damage from plumbing leaks inside the walls, roof leaks, etc.. Would insurance here typically cover any of those? It seems unlikely that it would cover normal wear and tear, but might cover things like plumbing disasters.
Wow I just think that makes no sense. Esp in Chile damage from leaky roofs?. Bah...if they build or buy a crappy roof they will pay the price of that. Not me and I am not paying any insurance for stuff that breaks due to how he built or bought the house.
Let's say it snowed or a volcano erupted and ash or snow settled on the roof and collapsed the roof. You are in no way liable. You should get your deposit back immediatley.
Is this a really cheap place where the landlord has several people interested besides you? Maybe the norm is typical for lower parts of the rental market, I just haven't encountered it at all in the 600k+ a month market, but that market is a lot smaller than then 150-450k a month market

thisisreallycomplicated
Rank: Chile Forum Citizen
Posts: 1936
Joined: Sun Aug 07, 2011 6:25 pm
Location: Coquimbo

Re: liabilities when leasing a house

Post by thisisreallycomplicated » Thu Dec 27, 2018 7:22 pm

mem wrote:
Thu Dec 27, 2018 6:01 pm
thisisreallycomplicated wrote:
Thu Dec 27, 2018 4:23 pm
Thanks, I started looking at JLT. And I'll look into some of the other options too. Even if I give up on this house.

It turns out, the owner may be ok with an earthquake clause, but I'm not sure about other natural disasters. But he still wants me to be liable for anything else, including normal wear and tear (I'd have to repaint the whole house, if I lived there long enough, since it was just painted). And damage from plumbing leaks inside the walls, roof leaks, etc.. Would insurance here typically cover any of those? It seems unlikely that it would cover normal wear and tear, but might cover things like plumbing disasters.
Wow I just think that makes no sense. Esp in Chile damage from leaky roofs?. Bah...if they build or buy a crappy roof they will pay the price of that. Not me and I am not paying any insurance for stuff that breaks due to how he built or bought the house.
Let's say it snowed or a volcano erupted and ash or snow settled on the roof and collapsed the roof. You are in no way liable. You should get your deposit back immediatley.
Is this a really cheap place where the landlord has several people interested besides you? Maybe the norm is typical for lower parts of the rental market, I just haven't encountered it at all in the 600k+ a month market, but that market is a lot smaller than then 150-450k a month market
Yeah, I won't accept responsibility for damages that aren't my fault. It's a pretty good price for this place, if you don't consider the added liabilities. So I think he'll be able to find another tennant without much trouble.
“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

thisisreallycomplicated
Rank: Chile Forum Citizen
Posts: 1936
Joined: Sun Aug 07, 2011 6:25 pm
Location: Coquimbo

Re: liabilities when leasing a house

Post by thisisreallycomplicated » Sat Dec 29, 2018 3:56 am

That one got rented
“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

Post Reply