Apartment Lease

Anything at all (keep it clean) goes here that does not fit in to any of the other forums.

Moderator: eeuunikkeiexpat

GAminer
Rank: Chile Forum Citizen
Posts: 130
Joined: Wed Jul 06, 2016 10:05 pm

Apartment Lease

Post by GAminer » Sat Apr 15, 2017 10:40 pm

Is it possible to terminate a one year apartment lease early? It is a one year contract that renews automatically. Thanks in advance for the help!

ghibli
Rank: Chile Forum Citizen
Posts: 193
Joined: Mon Jan 30, 2017 2:18 pm

Re: Apartment Lease

Post by ghibli » Sun Apr 16, 2017 11:40 am

My understanding is that it will depend on the individual landlord. Two months notice is pretty standard for open ended contracts, so you should expect that. Your guarantee is also at risk. Best bet: ask Really nicely. good luck.

GAminer
Rank: Chile Forum Citizen
Posts: 130
Joined: Wed Jul 06, 2016 10:05 pm

Re: Apartment Lease

Post by GAminer » Sun Apr 16, 2017 12:38 pm

ghibli wrote:My understanding is that it will depend on the individual landlord. Two months notice is pretty standard for open ended contracts, so you should expect that. Your guarantee is also at risk. Best bet: ask Really nicely. good luck.

I sent a letter with 60 days notice, but they said I would have to pay the remainder of the year in order to leave.

jehturner
Rank: Chile Forum Citizen
Posts: 1498
Joined: Thu Nov 20, 2008 12:24 am
Location: La Serena

Re: Apartment Lease

Post by jehturner » Sun Apr 16, 2017 2:59 pm

Sounds fishy to me. I have never seen a contract here with no option to give notice during the year. What does happen is that you sometimes lose your entire deposit if you leave during the first year or possibly too early during subsequent years.

at46
Rank: Chile Forum Citizen
Posts: 1174
Joined: Fri Sep 20, 2013 6:13 pm

Re: Apartment Lease

Post by at46 » Sun Apr 16, 2017 3:04 pm

I think that's a pretty standard clause in lease contracts here in Chile actually. Coupled with daily fines for late payment, your contractual obligation can quickly balloon. Some contracts also specify they'll report you to DICOM or whatever if you don't comply. Try to find someone to take over your lease. I think that's your most realistic option.

jehturner
Rank: Chile Forum Citizen
Posts: 1498
Joined: Thu Nov 20, 2008 12:24 am
Location: La Serena

Re: Apartment Lease

Post by jehturner » Mon Apr 17, 2017 8:34 am

Huh. Glad I haven't run into any of those (though we did give back the last house we rented privately on the anniversary of the contract, as it happens). My new tenant (assuming the co-signatory signs today) just has to give me 30 days notice and loses the deposit if the lease is <1 year. It's hard to see any justification for an entire year's lock in -- not like it should take that long to find new tenants (though it has been rather slow this time).

GAminer
Rank: Chile Forum Citizen
Posts: 130
Joined: Wed Jul 06, 2016 10:05 pm

Re: Apartment Lease

Post by GAminer » Mon Apr 17, 2017 9:51 am

jehturner wrote:Huh. Glad I haven't run into any of those (though we did give back the last house we rented privately on the anniversary of the contract, as it happens). My new tenant (assuming the co-signatory signs today) just has to give me 30 days notice and loses the deposit if the lease is <1 year. It's hard to see any justification for an entire year's lock in -- not like it should take that long to find new tenants (though it has been rather slow this time).
It says I have to give 60 days notice, but according to several chilean friends that is just so the lease does not automatically renew after 12 months. Anyone know what the ramifications would be if i were to just leave the apartment? Besides losing the deposit of course.

Britkid
Rank: Chile Forum Citizen
Posts: 2169
Joined: Wed Dec 05, 2012 6:59 pm
Location: Talagante area, Chile
Contact:

Re: Apartment Lease

Post by Britkid » Mon Apr 17, 2017 10:41 am

At least two of the places I rented said that I could leave early and at least one you couldn't. I checked verbally when I moved in. The contracts aren't precise enough to answer the question so I had to ask them.

I suggest you just ask and see. They may just let you leave early.

If not, you could offer to pay an extra month's rent as a penalty for leaving early.

If they refuse and you're feeling cheeky you could say that in that case you are really struggling to pay the rent and ask if you can just pay half the rent for the rest of the year and pay back the rest next year. Or just say you can only afford to pay 75% of it. That should make them pretty keen to let you leave. :D

Rhodolite
Rank: Chile Forum Citizen
Posts: 332
Joined: Fri Mar 30, 2012 6:28 pm

Re: Apartment Lease

Post by Rhodolite » Mon Apr 17, 2017 4:08 pm

Create a crisis that will improve your negotiating position. [See Britkid's comments regarding partial rent payment.]

jehturner
Rank: Chile Forum Citizen
Posts: 1498
Joined: Thu Nov 20, 2008 12:24 am
Location: La Serena

Re: Apartment Lease

Post by jehturner » Mon Apr 17, 2017 11:20 pm

It does seem like the landlord is asking for that to happen, unless the form of the contract is unintentional... It might be a relatively civilized approach to ask what your options would be for leaving early if you were having trouble paying.

User avatar
El Chupacabra
Rank: Chile Forum Citizen
Posts: 463
Joined: Wed Apr 27, 2011 12:02 am
Location: Earth (most of the time)

Re: Apartment Lease

Post by El Chupacabra » Tue Apr 18, 2017 10:08 am

Ask very nicely and maybe even try to find someone who is willing to take over the balance of the lease, as that should help ease the landlords financial burdens if they are more concerned about the income.

Alternatively, if he's going to be a prick and wants to play hard ball, subtly hint that you will break, damage and trash every square inch of the place before you leave if you can't leave early, then tell him it's his choice which option suits him better. I'm not saying you have to go through with it, but most landlords fear the fact that they might get back their property in such bad shape it will cost them a fortune to fix and repair it in order to get a new tenant.

Concrete down the drains, every door lock broken, every door cut in half, broken windows, lights, etc....the list can go on. Give him something to think about. Yes, it's a nasty way to play, but an effective tactic to consider when the other end is being unreasonable.
Living the life!

GAminer
Rank: Chile Forum Citizen
Posts: 130
Joined: Wed Jul 06, 2016 10:05 pm

Re: Apartment Lease

Post by GAminer » Tue Apr 18, 2017 10:45 am

El Chupacabra wrote:Ask very nicely and maybe even try to find someone who is willing to take over the balance of the lease, as that should help ease the landlords financial burdens if they are more concerned about the income.

Alternatively, if he's going to be a prick and wants to play hard ball, subtly hint that you will break, damage and trash every square inch of the place before you leave if you can't leave early, then tell him it's his choice which option suits him better. I'm not saying you have to go through with it, but most landlords fear the fact that they might get back their property in such bad shape it will cost them a fortune to fix and repair it in order to get a new tenant.

Concrete down the drains, every door lock broken, every door cut in half, broken windows, lights, etc....the list can go on. Give him something to think about. Yes, it's a nasty way to play, but an effective tactic to consider when the other end is being unreasonable.
Out of the curiosity, what would happen if I were to just leave at the end of the month? Without breaking anything of course! How would that affect me renewing my visa at the end of the year?

Post Reply