Can a property owner legally lease their owned property after their residency credentials have expired?

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nomad747
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Can a property owner legally lease their owned property after their residency credentials have expired?

Post by nomad747 » Mon Feb 15, 2021 7:25 pm

2 Quick questions (with lengthier explanation provided below):

1. If I have an expired RUT, is there a process by which I am authorized to rent out (or let) my property in Santiago Centro without beginning a new residency application?
2. Is it unlawful for me to continue using my expired RUT for services that were already established while the RUT was valid? For example, I continue to use it for online activities like banking, paying my mortgage, property taxes, and even local delivery of groceries during COVID restrictions, etc.


The FULL story here:
I own an apartment in Santiago Centro which I purchased in 2018 with a mortgage while living in Chile as a legally authorized permanent resident. I left the country unexpectedly in Sep 2019 and I lost my residency status entirely by staying gone for more than a year (I know, I know, there are easy ways to extend, but I "dropped the ball" and have now officially lost it!). In december 2020, my cédula and residency card were confiscated at the airport "border" by PDI but I was granted entry as a "tourist". I am now awaiting a decision on my temporary visa application (based on ex-residency). I have had to get an extension of my tourist card to cover my waiting period.

During the last 2 years, a local friend had been renting the apartment from me with a notarized contract. Luckily I had zero issues because he was a trusted friend of mine prior to that; otherwise I would never rent directly because of the many nightmares I've heard. The apartment is now vacant and I had hopes of contracting a legal entity/property manager to handle leases/rents going forward.

I understand that my original RUT is now considered expired and INVALID because of this residency status loss. I continue to keep my mortgage, taxes, and community expenses paid through pre-registered online accounts (opened during my valid residency) and I make payments online using the same (now expired) RUT. But I cannot "negotiate business" with an expired RUT and I can't even withdraw a cashier's check (vale vista) from the bank without a valid cédula - I have 2 different bank affiliations in Chile and neither one will accept my foreign passport as a valid ID for in-person transactions. Likewise, the property Management company will not activate activate my contract until my credentials are valid again and I have a cédula to produce to sign the documents!!Waiting for my temp VISA was not originally going to be a problem because I would just wait for the approval and simply go get my new cédula - back to life as normal!

BUT, a few days ago, I learned that I must return to where I've been and leave Chile yet again. My VISA has not yet been granted or even officially stamped "en tramite" (in process). I only have their notice that a packet with my "mail code" had been received - the process status has not been provided/updated online for more than 4 weeks now. But even if it comes before I need to leave in a few weeks, I will likely lose that status as well since I will be unable to fulfill any physical presence requirements over the coming year.

I have researched this topic with Sii today and they offer foreigners an "investor RUT"... but then they immediately told me I would not qualify for it because those are not issued to people who were registered with a RUT in the past and they are given for purposes of paying taxes on "purchases" or "investment returns", NOT for paying taxes on "income" (which is what the rental payments to me will be considered). I have waited on the phone with extranjeria for hours without success....hence, the reason I reach out to everyone here...hoping for faster, but thorough, advice.

BTW - I have been an avid "reader" of the site for some years, but admittedly, I only registered officially today when I was unsuccessful to find a "clear" topic already posted on this subject. I have quite literally NEVER visited this site and been unsuccessful finding specific answers or help from related topics - this community is truly informed and its maintenance is completely on the point (nothing vulgar or rude lasts long and admin really adds value rather than detracting like most sites!!!)....Right on ALL CHILE, keep it up.

;)
Many thanks in advance for your time and your support!

passport
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Re: Can a property owner legally lease their owned property after their residency credentials have expired?

Post by passport » Mon Feb 15, 2021 8:48 pm

If you want fast, thorough and accurate advice, it is well worth using the paid professional services of Spencer Global.

paladin
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Re: Can a property owner legally lease their owned property after their residency credentials have expired?

Post by paladin » Mon Feb 15, 2021 9:01 pm

I repeat what passport said. Dont mess around,trying to sort it out from suggestions here, just take on Spencer Global, who I’m sure will help you get it sorted out with no problem

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admin
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Re: Can a property owner legally lease their owned property after their residency credentials have expired?

Post by admin » Tue Feb 16, 2021 7:24 am

The short answer is, yes. Yes, you can still lease it. You are still the owner, with all that implies.

About 90% of your problem sounds like you are running in to a lot of people ignorant of dealing with foreigners; but, it is also a messy gray area that even most attorneys in Chile almost never have to deal with.

Your passport is valid international identification, recognized by Chile.

Once you have had RUT assigned because you had residency, it stays with you. If you are granted residence again, they give you the same RUT number.

Now, the harder, more practical problem, is how to match passport to a RUT number, when you no longer have a national ID to prove it is you.

That one is going to involve some paperwork shuffling that is a way outside the scope of a simple post on the forum.

Send us an email, and we can have a look the situation in detail to see what can be done.

FYI, if you are granted residency again, best to keep it in good standing. Make things in Chile more beucratically manageable, even if you leave.
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.

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nomad747
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Re: Can a property owner legally lease their owned property after their residency credentials have expired?

Post by nomad747 » Tue Feb 16, 2021 3:26 pm

Thanks so much !!

I did get a hold of Extranjeria on the phone today and they basically told me the same about my RUT number being the same going forward. They gave me an appointment for Friday where I can pick up my "en tramite" paperwork proof for the temporary Visa app, which can be used to match my RUT to my passport for ID purposes. My status when checked online has never been updated but they said they could print the official copy and stamp it in office when I go Friday.

I will email you (admin) shortly with this topic as my subject line. I appreciate your guidance...endlessly!
I kind of knew this was going to be a bit heavy to tackle in a post ....But this site is TOO good not to try it, lol!!

Honestly, even during the most complex issues for me in Chile over the years, this site has been a valuable resource for starting point guidance and most times I can even get at least half-way, if not all the way, to my resolution using information provided in posts or responses.

CHEERS,greatly appreciated!!!

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