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tim40
Senior Nomad
Posts: 574
Registered: 3-29-2004
Location: Manhattan Beach
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Mood: There yet?
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Can I make a legal Claim
I will try to hit the high notes and see if brighter minds than mine here at BajaNomad know the facts on this type of issue.
A little over a month ago my wife and I completed an 11 month lease of a home in Mexico from U.S. citizens. Although their leasing agent (a real
estate company) completed an exit review and told us their were no issues with the condition of the home and we would receive our full deposit within
14 days directly from the owner it has not happened. Finally, today, I reached the owners directly and they are fabricating all kinds of pure B.S.
claims as to damages to the home (not one is true nor were any raised by the agent on post lease inspection). Prior to today, all of our
interactions have been with the leasing agent.
The net is the owner is refusing to return the deposit (sizeable) claiming a list of ficticious wrongs on our part. The leasing agent (Mexican real
estate company) is now saying that they understand our position but really the issue is between the owner and us and they can not do much and are not
responsible.
The questions:
1. Can the leasing agent legally step out of the middle and not have liability even though they have managed the relationship 100% until today?
2. Can we sue the leasing agent?
3. Because we are US citizens and the home owners are US citizens, can we sue them in small claims court (we both live in California although North
and South)?
4. Any assistance from Profecta (not sure I have the Mex agency name correct)?
Until today, I was optimistic that I was going to be able to work this out as a misunderstanding as the claims were such B.S, but the person is a
pathological lier.....factual ideas and guidance is greatly appreciated.
Thank you, Tim
When searching for the end of your rainbow you only have until dusk....
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lingililingili
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Registered: 2-24-2008
Location: La Paz, Bahia Asuncion
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Just curious, did you get something in writing stating there were no damages?
•Life is just one damned thing after another
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Coatlallope
Banned
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You may one of the lucky few who can actually pursue a claim and collect. Forget about the leasing agent. He's out of it. You must sue your landlord.
You should file a small claims case in the county where your landlord either resides or does business. The maximum allowed amount of the claim is
$7,500. I say you are lucky because neither you nor the landlord can bring a lawyer to court, so the costs aren't too much, and you are not in Mexico.
Would you like to post the names of your landlords and the location of the property so others can beware?
http://www.courtinfo.ca.gov/selfhelp/smallclaims/findright.h...
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tim40
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No. But what we did have were 2 unrelated witnesses to the inspection and the agreement to return the total deposit. As I understand it, it is the
requirement of the agent to make claim and document.
When searching for the end of your rainbow you only have until dusk....
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Coatlallope
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| Quote: | Originally posted by tim40
No. But what we did have were 2 unrelated witnesses to the inspection and the agreement to return the total deposit. As I understand it, it is the
requirement of the agent to make claim and document. |
In an agency agreement, the agent represents the landlord and makes the landlord legally obligated for whatever you and the agent agreed to. The
landlord is the one who has the ultimate responsibility.
Besides, you cannot sue a foreign person in small claims court. The court has no jurisdiction over foreigners. Even if your served the agent, he
wouldn't have to show up in court and any judgements against the agent would not be enforceable in Mexico.
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fdt
Ultra Nomad
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Location: Tijuana, Baja California
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| Quote: | Originally posted by tim40
No. |
No what? No, you have nothing in writing? Do you have rental receipts and a lease contract? If you do then yes, PROFECO can help you regardless of
your citizenship (you did have an FMT at least, right?) because to lease or rent to you they must pay rental taxes and be registered.
You can also persue the small claims court in California but from seeing all these TV court shows if your "No" means no documentation you might be
SOOL, don't know.
A well informed Baja California traveler is a smart Baja California traveler!
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bajaguy
Elite Nomad
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Maybe get a written statement from the leasing agent????
Where are your witnesses located????
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tim40
Senior Nomad
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No, we did not get an in writing post rental clearance that nothing was damaged, missing, etc, etc.
We have FM3s, we have a written lease
Really seperate questions. 1. Sueing the landlords in the US small claims courts and 2. Sueing the leasing agent in Mexico.
Our witnesses live in Mexico and would provide written documents for use in US small claims and in person if we pursue in Mexico.
When searching for the end of your rainbow you only have until dusk....
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bajaguy
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I would get any written statements from witnesses, try and get written statement from leasing agent.....also any photos you might have, then take them
to small claims.
I would also report them to PROFECO, as they are probably NOT complying with paying taxes and are probably not registered.
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fdt
Ultra Nomad
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I agree, do Profeco first. But then are you still in Mexico?
A well informed Baja California traveler is a smart Baja California traveler!
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bajagrouper
Senior Nomad
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Location: Rincon de Guayabitos, Nayarit, Mexico
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evidence
Just remember to bring the before and after photos of the house you leased to small claims court
I hear the whales song
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Santiago
Ultra Nomad
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I would think that a threat of turning the owners over to PROFECO would get your deposit returned. However, this is illegal (extortion) but that
wouldn't stop me. By the way, is there damage now that occured after you left?
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Bruce R Leech
Elite Nomad
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You can always make a clam in Mexico but I can tell you right now that your chances of collecting anything are nil. your only chance to settle
anything is to talk to the folks involved.
as for filing in the USA. what part or parts of this transaction took place in the USA? and are the owners from the USA?
Bruce R Leech
Ensenada
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capt. mike
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sorry to hear this Tim but lessons learned.....
1. get it ALL in writing including the post inspection and release by owners or an authorized agent proxied in his hehalf.
2. before AND after pictures.
3. impartial 3rd party witness for affiant docs if needed in court.
4. did i say get it in writing and pictures? HUGE DEAL.
5. never sign a lease that does not provide release of encumbered deposit (or specified portions thereof) IMMEDIATELY upon end of lease period and
following inspection by owner or approved agent. Waiting periods are an excuse to delay payment and plan the theft of your funds.
6. Escrow the deposits with a title company even if you have to pay the fee. if the lessor will not allow this then you can bet that his ultimate plan
is to rip off the monies as most of them TRY to do.
and.........expect problems if it is mexico so if you can't accept loss of deposit then do not lease. otherwise, consider the deposit part of the
rents - if you DO get it back it becomes a rebate and bonus!
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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David K
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Great advice from Capt. Mike...!
The home owners are scum for doing this to you... How short sighted!
I hope the next renters are mafia!
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bajaguy
Elite Nomad
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Videos......
Just a thought, for all of you would be renters and those who lease........
When I was "working" and we served search warrants, we would video the whole house, outside and inside before we began our search........we would then
video again after we completed our search......would also incluse shots of a clock each time, and also have a copy of that days newspaper in the
videos.... better than photographs.......no complaints, no problems!!!!
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rhintransit
Super Nomad
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and there's always Judge Judy and all the daytime judge shows!
am only half kidding, there was an episode I saw recently of a case in Mexico...USA renter suing a USA owner for eviction from an Ensenada rental (due
to tenants' drunken parties, etc...tenant lost).
reality\'s never been of much use out here...
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wilderone
Ultra Nomad
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Registered: 2-9-2004
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For starters, you should tell us on the forum, in all caps, underlined and in bold, the name of the leasing company who will not stand up for you, who
did the exit interview, who knows otherwise and will not do anything for you. They have no integrity and are very unprofessional and nobody should do
business with them.
There is a check-in/check-out form used for California rentals - that is a two-page form with about 125 checkpoints for condition for every room in
the house where you can make comments on existing damage, etc. When you check out, you use the same form - notating each and every thing, signed off
by both parties. Use the form yourself regardless if the lessor says it's not necessary.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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When all else fails, pay someone to burn his house down to the ground after they plant a bunch of meth-lab equipment nearby.
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CaboRon
Ultra Nomad
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In a lifetime of being a renter there has been only one constant .....
I have been beat out of EVERY deposit I have ever put down for a rental .....
You wouldn't believe the BS excuses I have read , in the few cases where I was given any explaination.
When I moved out of my last stateside rental in Anaheim, I thought I was doing the final walk thru and had earlier arranged for them to take one
hundred dollars for the final cleaning .... and then as I was ready to pull out and drive to Baja California, the manager said BTW they have 30 days
to send the deposit. I finally got a check for $16.50 
Guess they knew that the chances of my protesting from Mexico were weak, and they were right.
Now, when the agent/owner asks for that deposit I feel as if I am just throwing that money down a hole.
CaboRon
[Edited on 9-4-2008 by CaboRon]
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