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Who pays maintanace on a rented apartment?

My husband and I are renting an apartment direct from owner with a standard Colombian one year lease contract. When we need a repair, who pays? the owner or renter? Our latest example is that the door lock on the inside of the door will not function (we can not lock the door from the inside). Owner is saying we pay because she leased us the apartment with everything working so therefore when there is a problem then we must pay even though this apartment is atleast 20 years old and has a lot of ware and tear. This is not the first problem we have had. The other things were small enough and nessasary enough that we sucked it up and paid. So please, who pays? this is our first experience renting here so we are clueless.

By adrienne79 on Jun 16, 2008, 16:39 in Friendly Talkzone. AddThis Social Bookmark Button


usher127 says on Jun 16, 2008, 18:02:

I don't know the law... but common sense says...

If you actually break something, i.e. knock a vase over, it's clearly your fault, so you pay.

Things that 'break down' through wear and tear... old age... clearly the landlord pays.

Y ya...

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LilaM says on Jun 16, 2008, 18:10:

Well it depends... if the things that are broken were like that before... is better to make a check list or inventory of all the things that are not working...
But what I see is that way is not going to work for you, bc you already sign the contract. How can you prove that the things were like that before? well just with the inventory, I suggest from you is to take pictures of all the things that where broken, when you arrived, but if you are going to do some kind of work there, you have to ask to the owner if you can do it and then discount it from the pay rent or the way you two (owner and renter) decided.

But you have to pay if the things get broken bc of your use, I mean if you broke the window glass, or the wall paint, or you burned the carpet. Yes you have to pay. But you don't have to pay if the pipes are stuck with dirt, or the airconditioning is not working, the owner has to warranty a good stay for you if you know what I mean.

Check this web address, they say:
You have the obligation to take care of the house, and the things that you received as rented. If there is some damage different than the normal use or bc of the years you have to pay that bc of the wrong use.

http://contenido.metrocuadrado.com/contenidom2/arriendos_m2/clavesparr...

"You may be disappointed if you fail, but you are doomed if you don´t try" B. Sills

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adrienne79 says on Jun 16, 2008, 19:16:

Thanks guys. Will look at the link closer. I agree, obviously if we were to break a window or so forth we would pay but it is ridiculous to us that we would need to replace the locks on the house to get it to function to a safe standard again. These are not problems that have always existed. They are due to age and normal wear and tear. If I was renting TX still (which clearly I am not), I know these would definitly be paid for by the owner, not the renter.

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vicshere says on Jun 16, 2008, 19:20:

Adrienne... landlords are a whole lot of fun in B/managa.....a door lock should not really go through wear and tear in the first few months of tenancy....if there is signs of visual damage then yes its your responsibility...otherwise the landlord should pay...making him pay is another story... this is what I would do...write him a letter and hand deliver with a witness... in the letter state that if the repair is not carried out within a certain period of time say 3 day for a lock which is sufficient, then the monies will be discount from the following month's rent... I personally don't want anything to do with Colombian landlords...I have had two and both were pure hell to deal with...good luck

listo

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vicshere says on Jun 16, 2008, 19:26:

here's an example...when I finished a 2 year tenancy ...one landlord kept my security which was 250,000 at the time...when we moved out we didn’t get a peso back...he stated the front door need to be repainted because we wore out the paint on the door jamb...he also charged us for leaking faucets....I left the shelves I installed in the kitchen as kitchen had no cupboards...he charged me to take them down and change the wall tiles....I know it was all bullshit....but I couldn’t see myself beat the shit out of the guy for a measly 250 actually I couldn't now but I didn't at the time

listo

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Gator says on Jun 16, 2008, 19:27:

Unless you can prove the lock was defective upon your taking occupancy it will be your responsibility-Head for Exito or Home Center. Replace before Sr. Ladrone decides to visit.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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adrienne79 says on Jun 16, 2008, 19:39:

okay Gator thanks. So question, a pipe burst...who is responsible? Would that too be our responsibilty too since it bursted while we are in occupance without pics of it broken prior. I am getting very interested in this because in the US that is one advantage to renting as opposed to owning...not having to fork out unforseen expenses on home repairs. I guess that might not be the case here.

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adrienne79 says on Jun 16, 2008, 19:39:

Vic, sorry to hear about your renting horrors. At least we didn't have to pay any deposit that she can keep.

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wendell13 says on Jun 16, 2008, 19:41:

vicshere is right....the landlord will keep your deposit to pay for any damages. It is standard operating procedure here in colombia.

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vicshere says on Jun 16, 2008, 19:59:

Adrienne did you have an "fiadors" sign for your lease...if so they could be on the hook for any costs after you leave your place....these landlords are really sneaky ... and will come up with stuff you wouldn't dream of...especially when your a gringo or gringa

listo

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adrienne79 says on Jun 16, 2008, 20:08:

Thanks for the warning, Wendell, there wasn't a deposit.

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Buongone says on Jun 16, 2008, 21:39:

It's not only in Colombia that landlords keep the security deposit. Happens all the time in Alaska. Almost 100% of the time. Thing to do is adjust it to the last month of rent. Them let him scream for rent. Tell him to just de-duct it from the security deposit. 2 ways to skin that cat !!

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Desideria (Moderator) says on Jun 16, 2008, 21:57:

Anything with the plumbing (water leak, etc) is the landlord's responsibility. Leaking faucets too. About the lock: if the lock was relatively new I'd say go buy a new one. If it was the original lock from the time the house was built (you said 20 years ago) then the owner should replace it. Things don't last forever.

"When shall we three meet again? In thunder, lightning, or in rain?"(First Witch in Macbeth)

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RUV says on Jun 16, 2008, 23:55:

Change the lock your self. It is easy to do so. Besides, this way you know that you will be the only one with the key.

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Peter (Moderator) says on Jun 17, 2008, 02:25:

Good point!

Poor but snappy

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mranderson says on Jun 17, 2008, 07:53:

Change the lock then maybe when you move out put the old broken one back on? Keep your good one for the next place?

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RUV says on Jun 17, 2008, 08:52:

Your landlord sounds like he is cheap. Image who used to live there before and who has a key. Change the locks on all your doors. Then do what Mr Anderson suggested. Who cares what he thinks after words it is not like he will hold your deposit.

I guess in the future, you should have all this in writing.

Good Luck,

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dwmte7 says on Jun 17, 2008, 09:56:

the bottom line is...you're gonna pay for basically anything that needs to be done. this is colombia, not the vatican.

dwmte

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Noelito40 says on Jun 17, 2008, 14:28:

Slighly off topic, but... when renting (an unfurnished apt), is the landlord obliged to put up curtains, or blinds? If he's not obliged to do this, then what is normal practice...

Noelito

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Gator says on Jun 17, 2008, 14:39:

You buy if not there.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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mranderson says on Jun 17, 2008, 17:42:

Curtains are furnishings. An unfurnished apartment has nothing in it. In some cases it won't even have closets.

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Desideria (Moderator) says on Jun 17, 2008, 21:41:

I've gotta have a serious talk with my inmobiliaria people.

"When shall we three meet again? In thunder, lightning, or in rain?"(First Witch in Macbeth)

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Frank Rizzo says on Jun 18, 2008, 18:44:

This is just one of the reasons..... why i wouldn't even think about renting even a room in one of my places for a night.

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robi666 says on Jun 18, 2008, 19:09:

Frank, when are you back in Medellin? I may be getting into another project here...

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

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Frank Rizzo says on Jun 18, 2008, 23:19:

Hi Robi.....i've got lots of land in medellin for building (the low dollar holding me back)....40 hectares.....excellent high end locations....and 20 acres in san andres....5 acres directly ocean front....i'm willing to co-operate.........

Gary has been trying to fly me out to Panama City for 3 months....i just cant get away.....we have an englishman that Gary and I know...that will throw money at the whole project.....but it has to be right.... a deal like Emcali....was...

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robi666 says on Jun 19, 2008, 03:59:

Wow... that's a lot of land!
Low dollar holding you back? You may have a window to operate fast soon, but then... better get used to it.
It would be interesting to talk one day.

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

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bfree says on Jul 30, 2008, 00:28:

I have never rented an apartment from a landlord directly in Colombia. What I have done is rent through a real estate agency. There are allot pros and cons doing this. One of the pros was I did not have to pay a deposit. Nada. Also, when I wanted things done I stopped by the office to tell them and they sent someone out to my place. I never knew the landlord and only dealt with the real estate office. And, I did not pay administrative fees.

http://www.welovebogota.com
http://www.apartmentinbogota.com

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Desideria (Moderator) says on Jul 30, 2008, 01:01:

No, the administrative fees are paid by the owner, the same with all major reparations. The agency sends their people to do the job, bills the owner. (Been at both ends of the deal)

"When shall we three meet again? In thunder, lightning, or in rain?"(First Witch in Macbeth)

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billyb says on Jul 30, 2008, 06:12:

My tenants pay the association fees directly, but it doesn't matter because you can always just add the association fee to their rent so you get your net. It's six of one and half a dozen of the other.

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Noelito40 says on Jul 30, 2008, 13:04:

I took out insurance with Agricoles to protect me in case the renter didn't pay me or defaulted on paying utilities. Cost was 55% of first month's rent so works out at about 5% net monthly (renter pays a small admin fee I think??) I also got additional cover in that if a plumber or electrical issue arise in the apartment Agricoles send a plumber/electrician, (this service only cost a small fee (about 47k annual)).

I also get the renter to pay the apartment's administration to me monthly, and I then pass this to admin for the building (it's a small building and I live there too)

The bottom line for me was as a novice landlord (and as a relative novice to the Colombian way!!) I was willing to pay the insurance and get a lower net rent annual, because I knew that the real gain is in the capital appreciation...

Noelito

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