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msteve1014
Senior Nomad
Posts: 947
Registered: 12-2-2006
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| Quote: | Originally posted by jeans
| Quote: | Originally posted by msteve1014
Sounds like they have been there for almost 30 years. How bad could the landlord be? Good luck, I hope it turns out you were worried about nothing.
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The original landlords have passed away...we got the son now...and he really likes my parent's house. |
Sorry to hear that. Still hope it all works out.
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Pstreet1
Junior Nomad
Posts: 94
Registered: 7-25-2005
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Another recomendation for Socrates Luna; I've never heard anything but good recomendations for him, and I've heard a lot of grumbling about a lot of
other attorneys.
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jannyk
Newbie
Posts: 21
Registered: 1-5-2008
Location: SF Bay Area/Vancouver Island/BOLA
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Is a 30 year lease valid anyway?
I was under the impression that a 'lease' could be written for a maximum of 9 years, 11 months and 29 days - in other words, it has to be under 10
years to be 'lawful' and enforceable.
Or did that 10 year rule come into effect during her 30 year lease term? See:
http://www.bajarealestategroup.net/Leasing_Land_in_Mexico/
and here's another very good explanation of how 'leases' work in Mexico:
http://www.mlsbaja.com/BuyingOnLeasedLandInMexico.html
[Edited on 8-16-2009 by jannyk]
[Edited on 8-16-2009 by jannyk]
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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| Quote: | Originally posted by jannyk
Is a 30 year lease valid anyway?
I was under the impression that a 'lease' could be written for a maximum of 9 years, 11 months and 29 days - in other words, it has to be under 10
years to be 'lawful' and enforceable.
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It's still ten years. Those long agreements were common way back when. Nobody questioned them. Now, the land is worth more and no land owner wants
to get involved in anything long term, legal or not.
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Cypress
Elite Nomad
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Location: on the bayou
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9 years, 11 months, 29 days. Unless otherwise specified due to various mitigating circumstances which are unspecified, but may be subject to change
when and if the parties to the original agreement/contract see fit to renegotiate on the basis of current economic realities, however...
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jannyk
Newbie
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Registered: 1-5-2008
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I answered my own question by finding the 2nd link above. No, they have never been legal for more than 10 years.
So what was the point of having a Notary/Attorney involved in the first place?
| Quote: | Originally posted by DENNIS
| Quote: | Originally posted by jannyk
Is a 30 year lease valid anyway?
I was under the impression that a 'lease' could be written for a maximum of 9 years, 11 months and 29 days - in other words, it has to be under 10
years to be 'lawful' and enforceable.
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It's still ten years. Those long agreements were common way back when. Nobody questioned them. Now, the land is worth more and no land owner wants
to get involved in anything long term, legal or not. |
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jeans
Super Nomad
Posts: 1059
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Wow...Interesting info in those links...I think/hope that because everything has gone smoothly the last 23 yrs., the valididty of the lease will not
be quesitoned...how the transition & a possible sale will turn out, is another thing...
As of this weekend my parents are open to a conversation on the status of the market... ...a HUGE first step for them.
Thank you everyone, for your help in supplying names & resources. This is going to be a continuing drama in my life for the next few months...oh
joy...
Mom always told me to be different - Now she says...Not THAT different
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DENNIS
Platinum Nomad
Posts: 29510
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| Quote: | Originally posted by jeans
, the valididty of the lease will not be quesitoned... |
The validity of most leases could be questioned for a lot of reasons, the least not being, one has to be a legal , not a tourist, to enter into a
contract.
What most tenants are involved in are rental agreements and, legally, pretty much meaningless. Tenants out of the US like to call them leases
because it's what they're used to and refuse to believe there's any other way than theirs.
Good luck, Mindy. I hope it all works out for you.
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jannyk
Newbie
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Unless your parents signed a new lease at the end of each 10 year period, there is no 'lease' to question. It expired (legally) at the end of the
first 10 years unless renewed by both parties.
Your best bet is to approach the new landlord and try to negotiate a new ten year (minus one day) lease.
As it stands, the Landlord could have your parents off the property tomorrow and they would have no recourse.
As for selling the property, unless you hope to dump it on a sucker with no knowledge of Mexican law, you'll have to negotiate a new lease anyway.
| Quote: | Originally posted by jeans
Wow...Interesting info in those links...I think/hope that because everything has gone smoothly the last 23 yrs., the valididty of the lease will not
be quesitoned...how the transition & a possible sale will turn out, is another thing...
... |
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jeans
Super Nomad
Posts: 1059
Registered: 9-16-2002
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| Quote: | Originally posted by jannyk
unless you hope to dump it on a sucker with no knowledge of Mexican law, you'll have to negotiate a new lease anyway.
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That is insulting...
Mom always told me to be different - Now she says...Not THAT different
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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| Quote: | Originally posted by jeans
That is insulting... |
Indeed. This poster seems to be obsessed with your bad fortune. He/she should take it down the avenue.
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