# Apartment Leases



## newpvrguy (Jun 5, 2011)

Before I go to an attorney here in Puerto Vallarta....does anyone have an experience with breaking a lease in Mexico?


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## AlanMexicali (Jun 1, 2011)

*Lease*



newpvrguy said:


> Before I go to an attorney here in Puerto Vallarta....does anyone have an experience with breaking a lease in Mexico?


I think you need a Notaria but if you go to an Abogado be prepared to get charged too much. I rented out 2 house in Mexicali for 25 years and I think every municipality has different approaches to rental leases and they might change from time to time. You might do better to talk to a friendly realtor before approaching a Notaria to see if they try to charge too much and what is really needed to be done, if anything. Through experience I have found out getting involved in the legal system in Mexico is expensive compared to most things in Mexico.


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## AlanMexicali (Jun 1, 2011)

*Leases*



newpvrguy said:


> Before I go to an attorney here in Puerto Vallarta....does anyone have an experience with breaking a lease in Mexico?


I forgot to mention. Don't let the title Notaria fool you, they are very different than a notary in the US. They are mini lawyers and escrow agents and have a university degree that if they get a diploma and are a licenciado it take 5 years. They deal with legal documents of all kinds etc.


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## newpvrguy (Jun 5, 2011)

*Breaking a Lease*



AlanMexicali said:


> I forgot to mention. Don't let the title Notaria fool you, they are very different than a notary in the US. They are mini lawyers and escrow agents and have a university degree that if they get a diploma and are a licenciado it take 5 years. They deal with legal documents of all kinds etc.


Alan,

That you so much for your response. I will definitely seek out a Notaria. My problem is that I want to break a lease with my landlord. My lease states a 2 month payment to terminate the lease early. He has never followed through with many things in the lease...even after six months. He has a full month's deposit...$1200 USD...and I don't feel I should have to pay him an additional month for his having not performed on his part of the lease.

Also, do you know why in the lease there is a statement to the effect, " if this lease is recorded with any authority" it is subject to immediate cancellation? What is the deal here?


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## AlanMexicali (Jun 1, 2011)

*Lease*



newpvrguy said:


> Alan,
> 
> That you so much for your response. I will definitely seek out a Notaria. My problem is that I want to break a lease with my landlord. My lease states a 2 month payment to terminate the lease early. He has never followed through with many things in the lease...even after six months. He has a full month's deposit...$1200 USD...and I don't feel I should have to pay him an additional month for his having not performed on his part of the lease.
> 
> Also, do you know why in the lease there is a statement to the effect, " if this lease is recorded with any authority" it is subject to immediate cancellation? What is the deal here?


I don't know about that clause, however a Realtor probably would or if you go to a Notaria office any Notario will and they give you a free consultation before taking a deposit to perform any work. All the ones I have visited are very well informed about real estate.


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## newpvrguy (Jun 5, 2011)

*Lease*



AlanMexicali said:


> I don't know about that clause, however a Realtor probably would or if you go to a Notaria office any Notario will and they give you a free consultation before taking a deposit to perform any work. All the ones I have visited are very well informed about real estate.


Alan,

Thanks again. I found a Notaria close by and will visit today.


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## sparks (Jun 17, 2007)

You'll increase your chances of finding a Notario(a) if you include the male gender. Most are male


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## newpvrguy (Jun 5, 2011)

sparks said:


> You'll increase your chances of finding a Notario(a) if you include the male gender. Most are male


Don't understand the purpose of your replay. Are you saying I should only seek male advice?


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## TundraGreen (Jul 15, 2010)

newpvrguy said:


> Don't understand the purpose of your replay. Are you saying I should only seek male advice?


He is just giving you a hard time. According to my dictionary the noun for the person is masculine (Notario). The feminine version (Notaria) denotes the office.


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## lizzers (Sep 21, 2008)

newpvrguy said:


> Before I go to an attorney here in Puerto Vallarta....does anyone have an experience with breaking a lease in Mexico?


Hi newpvrguy,

The law in Mexico heavily favors renters over landlords (squatters rights). In your case it sounds like your landlord has not lived up to his/her part of the contract. Instead of getting involved in a legal mess, I would tell him that you plan on using your deposit as your last months rent and just move out after. In Mexico there is no small claims court, so for him to try and fight you on this would be extremely difficult.

Don't get me wrong - I'm usually in favor of honoring contracts, but sometimes you are dealing with unreasonable people and just have to break them...

Good luck!


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## AlanMexicali (Jun 1, 2011)

*Renters*



lizzers said:


> Hi newpvrguy,
> 
> The law in Mexico heavily favors renters over landlords (squatters rights). In your case it sounds like your landlord has not lived up to his/her part of the contract. Instead of getting involved in a legal mess, I would tell him that you plan on using your deposit as your last months rent and just move out after. In Mexico there is no small claims court, so for him to try and fight you on this would be extremely difficult.
> 
> ...


The laws do favor the renter: and they know this.
In Mexicali the renter you evict for non payment of rent that are on a yearly lease by the law have two months from the date they defaulted by non payment to get out, I other words you loose two months rent. That is why a contract with a Realtor to manger the property is expensive because they get the one month deposit and 10% of the rent collected and seem not to really care who they sign the lease with and don't loose the 2 months rent when they pick a bad renter. Another predicament is that federal law states if drugs are sold by a renter and they are arrested the house is automatically seized and the owner has to get it back by proving non involvement and when using a property management company the owners liability for this shifts to the property management company, not the owner.


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