Real Estate News Need a good real estate attorney

[JulianCE]

Anybody could recommend a good real estate attorney? Thanks.

We were renting a house for 2 years, and now after moving out, we are having issues with the owner in regards of the deposit. She is trying to find non existing things, to avoid returning the deposit to us. And looks like the real estate agency don't even care.

 

[DaveDed]

If you've already vacated the premises, recovering your deposit may prove extremely challenging, and pursuing it legally could incur substantial lawyer's fees. If you haven't moved out yet, consider staying in the residence and observing how she attempts to enforce your departure. This process can be prolonged, allowing you to reside there without cost. Regrettably, in Argentina, playing assertively is often the only effective strategy. Refuse to tolerate the consistent and unjust mistreatment you face daily. Wishing you the best of luck in navigating this situation.

 

[TaisonCer]

In the event that you haven't yet moved out (otherwise, bidding farewell to your deposit might be inevitable), consider these steps:

• Explore the possibility of returning the keys a day or a few days before your lease expires, providing you with more time to react if complications arise.
• If, worst-case scenario, your deposit isn't returned upon departure (you can cross-check with the utility companies along with the landlord to verify any outstanding amounts), don't surrender the keys unless you and the landlord sign a document affirming the apartment's good condition. Alternatively, document any legitimate issues in writing.
• If disagreements arise with the landlord regarding the apartment's condition, you have the option to request a "escribano" (notary public) to conduct an official inspection. The associated fees will be shared equally between you and the landlord. This step can sometimes be sufficient to persuade a hesitant landlord who has already used the deposit.

Certainly, fairness with the landlord is crucial if there are legitimate issues, as David pointed out. Engaging an attorney is likely to cost more than the deposit itself, making it financially impractical.

In Buenos Aires, there are also several tenant associations that may offer guidance.

Unfortunately, this is a classic situation that many renters encounter.

 

[JulianCE]

Thanks guys for the response. Unfortunately we DID move out, about 3 weeks ago to be exact. We were renting this housed in barrio privado for two years with the garantia and 2 months rent deposit. What a nightmare it was with this owner of the house. Sorry for my french, but she is a total b#$%. As well as the whole Mosquera & Gallastegui real estate gang. Which seems to be always on her side, no matter what. First they screwed us up big time with extending our rent. The contract ended April 20th, we were paying $us1500/month. But since we could not get our new house contract in time, we needed extra time. So they made us to sign one month rent for a $us2800/month!!! That's almost a double. I don't even know if they could actually do it. I wish we had more knowledge about it. Couldn't we just pay prorated rate per extra day. We ended up staying 22 days more. They promised to return the $$ of whats left. Will see on that... The day that we said the house is ready, the real estate agent came and checked everything and even she said the house is impeccable! The owner came next day to review everything and there was a few things that needed to be retouched. Like fixing holes in the wall, where my curtains were.(don't you need it for a living anyway?). And we said ok, tell us how much and we'll take care of it.Wrote everything on the paper and signed. But now, three weeks later, she comes up with the problems, that in the first place doesn't even make any sense, second of all it is not on that paper that she signed. So she stating that she already spent so much money fixing it and that will be deducted from my deposit. WAIT a minute!!! Even if it will cost me more that $us3000 (that's our deposit), i just wanna make her days miserable with letters from attorney and stuff. Can't stand that woman.
We took care of that house like it was ours. We basically gave the house spotless. But i guess she wants it to be in a better condition, then she gave it to us 2 years ago. Even on a contract it says " normal wear and tear" it is acceptable.
Anybody knowledge helps, keep posting. Thanks

 

[earlyretirement]

I agree with the others that you will spin your wheels with a lawyer and waste money. I don't think most reputable lawyers in Buenos Aires will work on a contingency basis (mostly because they understand that the legal system does NOT work there).

Use the power of the internet. Post the owners name and address. Also, you should send a carta documento (very easy to do it at any post office) to the owner and notify her that you will notify the tourist police as well as AFIP regarding this.

VERY few locals pay all their taxes to AFIP for rentals or if they do, they report lower amounts. So I'd use that threat and also send one to the real estate company as well. Most real estate firms in BA don't pay the correct VAT tax on their income from commissions so I'd send them one as well helping you to get it resolved.

A letter from a lawyer won't scare the unethical local owners. But threats to AFIP will so I'd go with that angle with both the real estate agency and also the owner.