Newcomer Italian tenant who did a runner owing 3 months rent. Advice requested.

[Willjonson]

Hello again to everyone in this forum. I wanted to share another experience, this time about a challenging tenant, and I also want to give a warning to fellow property owners here. The individual in question is Domenico G. S., an Italian musician currently touring in Argentina. He is scheduled to perform this Sunday in a concert organized by the Ciudad de Buenos Aires in Plaza de Mayo, and he seems to be a minor celebrity. After three months of refusing to pay rent, he finally left abruptly yesterday, leaving me owed a total of US$4680, including his one-month deposit, which, according to the contract terms, is mine if he defaults on rent payments or abandons the property. The contract ended on January 1, 2011, so fortunately, things could have been worse. I am aware that legally evicting a tenant is a time-consuming process in Argentina, but at least he's out, and I've changed the locks.

My question is, does anyone have suggestions on how I can go about recovering the debt? Are there any reputable debt-collection agencies or legal practices that specialize in such cases? I only have a photocopy of his passport, email, and mobile contact since he no longer responds to my calls or emails, and I don't have his new address. Is it worth filing a complaint with the police, and if so, what would be the next step, considering I lack a fixed address for him? I know he doesn't have a DNI, so he's likely working illegally. Does anyone know if there's a way to prevent him from leaving Argentina until this matter is legally resolved?

Any help and advice would be greatly appreciated.

Warm regards,

Will

Moderator Note: We deleted the full name of the rental guest. We feel it's fair to warn other owners but we prefer not to use people's names that we are not a party to the facts. (We removed the full name on 12/26/23 at 10:31 PM BA time).

 

[NefsJuar]

If he is going to receive payment for the upcoming concert, you can consider garnishing his salary, but you need to act quickly. The legal process for this is relatively fast.

In the future, when dealing with evictions, having a deposit can expedite the process. If you have grounds to remove the tenant and have a deposit, the legal procedures become more straightforward. This is particularly applicable to temporary rentals.

 

[Mart]

Hello Will,

I'm sorry to hear about your situation. It would be advisable to consult with a lawyer to explore your options. You might consider serving him legal documents when he is entering or leaving the concert, as this could be an opportune moment.

Additionally, it's worth speaking to the police about the matter.

Best regards

 

[earlyretirement]

You could talk to a lawyer but the judicial system is basically broken and very slow here in Argentina. The best solution when renting is to collect the full payment up front or get someone to sign as a guarantor that owns property here. Renters have too many rights here. You read about bad apple landlords but there is plenty of bad seed tenants as well. Best to get them to always pay in advance when you get the keys or have them have someone local co-sign for them if they stop paying.

 

[DuingArter]

This type of situation creates challenges for honest renters. In our experience, two out of three places we rented required first and last month's rent along with a deposit. This essentially means receiving the entire payment upfront for leases shorter than three months, which is reasonable for responsible tenants.

If the individual is quite visible, it might be worth finding out where he works and consistently reaching out to his employers, discussing the "outstanding debt." Using tools like Skype can make this communication more accessible and cost-effective.

 

[Willjonson]

Say this text with other words: Thanks a million for your posts (concert has been cancelled but thanks for the offer of heckling!). All now in the capable hands of my lawyer, key is to find an address he's living at to start proceedings - if he has no assets in Argentina it will be difficult to recover anything though if he's receiving a salary then yes, it can be embargoed. Going to the police is pointless in this case, since under Argentine law it's a civil, not criminal matter. Wishing you all a great weekend.

Will