Using security deposit as last month's rent?

Anything related to legal issues, immigration, problems, regulations, tax issues, or any other law or legal related problem in Chile. Moderated By A Chilean Attorney.

Moderator: Zvalenzuela

coffeecup333
Rank: Chile Forum Tourist
Posts: 11
Joined: Wed Jul 18, 2018 12:35 pm

Using security deposit as last month's rent?

Post by coffeecup333 » Wed Jul 18, 2018 1:04 pm

Hi all,

We moved into our apartment in Santiago in November last year and the lease is set to expire October of this year. However, our landlord has been nothing but stressful and such a pain since we moved in. We have paid all the bills on time and even have paid his previous bills (deducting it from the rent) when he refused-basically he wants money for the apartment and sees no reason to have good will. His wife is the owner of the apartment but has nothing to do with the apartment and he manages everything. I have only seen her when we signed the apartment and have not had any communication with her. We are not planning on renewing the lease with them but is it possible to use the security deposit as last month's rent? The lease says we can not but I am told he can't enforce it being that it's our last month and is quite common in Chile to do this. I've also heard land lords don't give back security deposits, especially for foreigners and don't want to be in this situation unfairly either. Can we move out at the end of the apartment without a letter saying we can move (I heard we need this letter)? He also refused to let his wife and me go to a notary to notarize our rental agreement so I hope this doesn't affect anything legally. Lastly, I can pay all the last month's bills online but the gastos is always a month late so it will come after we have moved and is slipped under the door. How do you handle this? Thank you for any advice.

User avatar
admin
Site Admin
Posts: 16540
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: Using security deposit as last month's rent?

Post by admin » Wed Jul 18, 2018 2:04 pm

Let me clarify this, you do not have a notarized contract of any form?
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.

Gloria
Rank: Chile Forum Citizen
Posts: 4400
Joined: Sat Jan 20, 2007 12:30 pm
Location: Región de los Ríos

Re: Using security deposit as last month's rent?

Post by Gloria » Wed Jul 18, 2018 2:06 pm

Could you please explain this sentence?
when he refused-basically he wants money for the apartment and sees no reason to have good will.
I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

coffeecup333
Rank: Chile Forum Tourist
Posts: 11
Joined: Wed Jul 18, 2018 12:35 pm

Re: Using security deposit as last month's rent?

Post by coffeecup333 » Wed Jul 18, 2018 2:24 pm

admin wrote:
Wed Jul 18, 2018 2:04 pm
Let me clarify this, you do not have a notarized contract of any form?
No notarized contract

coffeecup333
Rank: Chile Forum Tourist
Posts: 11
Joined: Wed Jul 18, 2018 12:35 pm

Re: Using security deposit as last month's rent?

Post by coffeecup333 » Wed Jul 18, 2018 4:38 pm

Gloria wrote:
Wed Jul 18, 2018 2:06 pm
Could you please explain this sentence?
when he refused-basically he wants money for the apartment and sees no reason to have good will.
Apparently the apartment was rented before us and there were bills that were not paid. All the bills continued to come to the apartment and he never responded to repeated attempts about him paying them. So I finally paid them and deducted them from the rent. There are other things but it is clear the overall message is that the only thing he seems to care about is that he gets his rent monthly, not the fuller picture of having a working relationship with his on-time rent paying lessees.

User avatar
eeuunikkeiexpat
Rank: Chile Forum Citizen
Posts: 7253
Joined: Fri Sep 01, 2006 1:38 am
Location: Megalith of unknown origin near my digs, south V Region coast

Re: Using security deposit as last month's rent?

Post by eeuunikkeiexpat » Wed Jul 18, 2018 4:45 pm

Without a valid contract, who do you think has more power in the situation where especially in Chile the occupier has the upper hand over the owner?
Generally, just a SPAM KILLER. You are on your own in this forum. My personal mission here is done.

BUT when necessary, by way of ridicule and truth revelation we shalt do war.

--eeuunikkeiexpat

coffeecup333
Rank: Chile Forum Tourist
Posts: 11
Joined: Wed Jul 18, 2018 12:35 pm

Re: Using security deposit as last month's rent?

Post by coffeecup333 » Wed Jul 18, 2018 4:58 pm

eeuunikkeiexpat wrote:
Wed Jul 18, 2018 4:45 pm
Without a valid contract, who do you think has more power in the situation where especially in Chile the occupier has the upper hand over the owner?
What makes the contract valid? It being notarized?

Are there Chilean rental laws that I can read somewhere on line to get a better idea of what is/isn't acceptable? Just would like to avoid all this in the future.

Britkid
Rank: Chile Forum Citizen
Posts: 1533
Joined: Wed Dec 05, 2012 6:59 pm
Location: Talagante area, Chile
Contact:

Re: Using security deposit as last month's rent?

Post by Britkid » Wed Jul 18, 2018 6:44 pm

The first place we rented I decided to just not pay the last month's rent without saying anything. I didn't hear anything from them so it worked out.

The second place she didn't allow this. I still got the deposit back though.

For the bills, just don't raise the issue until after you have got the deposit back.
In 2014/2015 I blogged about my life in Chile. http://web.archive.org/web/201601121940 ... age_id=268

Gloria
Rank: Chile Forum Citizen
Posts: 4400
Joined: Sat Jan 20, 2007 12:30 pm
Location: Región de los Ríos

Re: Using security deposit as last month's rent?

Post by Gloria » Wed Jul 18, 2018 8:14 pm

We are not planning on renewing the lease with them but is it possible to use the security deposit as last month's rent? The lease says we can not but I am told he can't enforce it being that it's our last month and is quite common in Chile to do this.
As a norm it should be returned (or not) to the renter after the inspection of the premises in case of damages etc as it is in the US, however in Chile most people have use of it as payment of last month of rent for reasons already explained earlier.

Can we move out at the end of the apartment without a letter saying we can move (I heard we need this letter)?
No, you cannot. You must send a certified and notarized letter cancelling your contract 2 MONTHS in advance, so by the end of this month to be safe you need to do this.

me go to a notary to notarize our rental agreement so I hope this doesn't affect anything legally.
Whether or not this contract was notarized, you are still liable to the contract.
Next time, if a landlord doesn´t notarize a legal agreement, don´t do business with him or her for your own protection.
Please keep in mind that chileans as a whole like to live "at the edge of the law" and whether the laws are written in the Civil Code of the Republic of Chile, they piss on it anyways.
I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

User avatar
admin
Site Admin
Posts: 16540
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: Using security deposit as last month's rent?

Post by admin » Thu Jul 19, 2018 10:01 am

coffeecup333 wrote:
Wed Jul 18, 2018 4:38 pm
Gloria wrote:
Wed Jul 18, 2018 2:06 pm
Could you please explain this sentence?
when he refused-basically he wants money for the apartment and sees no reason to have good will.
Apparently the apartment was rented before us and there were bills that were not paid. All the bills continued to come to the apartment and he never responded to repeated attempts about him paying them. So I finally paid them and deducted them from the rent. There are other things but it is clear the overall message is that the only thing he seems to care about is that he gets his rent monthly, not the fuller picture of having a working relationship with his on-time rent paying lessees.

Tbe whole thing smells really bad.

Have you seen a title on that apartment?

There is a scam around where people rent apartments they dont own. One of the red flags is the owners not wanting to sign a contract in front of a notary. A rental contract, protects land lords more than anything, so why would a legit land lord not want to sign one in front of a notary?

We have had a couple gringos nearly get sucked in to one of these, before we waved them off that something was not right. One guy even had a name that was very similar to the owner on the title.

That is just one reason why you notarize such contracts. Establish identity of the parties.

Other reasons often is they are trying to slip in contract terms that are illegal, etc.
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.

Gloria
Rank: Chile Forum Citizen
Posts: 4400
Joined: Sat Jan 20, 2007 12:30 pm
Location: Región de los Ríos

Re: Using security deposit as last month's rent?

Post by Gloria » Thu Jul 19, 2018 3:42 pm

admin wrote:
Thu Jul 19, 2018 10:01 am



Tbe whole thing smells really bad.

Have you seen a title on that apartment?

There is a scam around where people rent apartments they dont own. One of the red flags is the owners not wanting to sign a contract in front of a notary. A rental contract, protects land lords more than anything, so why would a legit land lord not want to sign one in front of a notary?

We have had a couple gringos nearly get sucked in to one of these, before we waved them off that something was not right. One guy even had a name that was very similar to the owner on the title.

That is just one reason why you notarize such contracts. Establish identity of the parties.

Other reasons often is they are trying to slip in contract terms that are illegal, etc.
There you have it.....earth shattering advise :roll:
I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

GAminer
Rank: Chile Forum Tourist
Posts: 18
Joined: Wed Jul 06, 2016 10:05 pm

Re: Using security deposit as last month's rent?

Post by GAminer » Thu Jul 19, 2018 4:45 pm

I was under the impression that if just about any document was not notarized, that it was not considered legal? Jobs, cars, real estate all required a notary at some point along the process. If that is the case you could just leave whenever you wanted. Everyone I know, chilean and foreign have told me to use the deposit as the last months rent because the owner will not return it. The bills you can pay online more than likely minus the gastos comunes, for those just average the last 3 months and deposit that to the owner.

Post Reply