Deposit issues

[Jcarter73]

Hi,

I have a question regarding the return of my deposit and wondered if anyone could provide any advice. I have decided not to renew the contract on my apartment (too noisy etc) and have informed the agency. They are coming round to inspect the property on Friday (moving out day) but have told me that the deposit won't be returned until 5 days after this. This seems rather unusual (I don't have a lot of experience of renting) and puts me in a rather vulnerable position. I am quite happy of course for the apartment to be inspected but if the deposit is not returned until a number of days after then they could ""find"" all sorts of defects not discussed with me at the time. Once I am not in the apartment anymore I have limited options and they hold all the cards so to speak. Does anyone have any advice? I am staying with friends for awhile until I find a new place so am fortunate that I don't have the urgency of needing the deposit for a new place straight away.

[chi chi]

It's common for agencies to inspect the appartment and 'invent' all sorts of damage.

But you have a secret 'weapon'. The landlord is obliged by law to pay tax on the rental income and must show you the receipts upon your request. Agencies and landlords know that most gringos aren't aware of that.
In case they refuse to pay your deposit, tell them that you want to see the receipts of the tax on the rental income paid to SUNAT and if they don't return your deposit, you will report this to the SUNAT.
Works in 100% of cases because the fines for not reporting rental income are very high.

[stuart]

As you suspect and know, there's no reason why it would take an arbitrary 5 days to give you back your own money. I've never deposited money in the bank and been told I'd have to wait 5 days to get it back out again, for instance.

Tell the agency that your conditions of returning the apartment are that the deposit is paid at the moment of or on the same day that the inspection is passed. What their specific policies are aren't really your concern. Hopefully on your contract these 5 days aren't mentioned, if they are, I'd suggest you get filming each and every corner of the apartment as evidence - though that won't really help all that much, it's something.

[chi chi]

Don't be surprised that they won't pay the deposit back in 5 days. As some problems came up and they pretend that they could't get in touch with the landlord or some story like the landlord is out of the country for a few months and they have to wait till he comes back.
The suggest as you are a gringo, you didn't renew the contract as you are going back to your home country and you have a flight to catch. They just wait till you give up waiting as you don't want to mis your flight. Very common practise.

[stuart]

Don't be surprised that they won't pay the deposit back in 5 days. As some problems came up and they pretend that they could't get in touch with the landlord or some story like the landlord is out of the country for a few months and they have to wait till he comes back.
The suggest as you are a gringo, you didn't renew the contract as you are going back to your home country and you have a flight to catch. They just wait till you give up waiting as you don't want to mis your flight. Very common practise.

Correct. The mention of 5 days in my mind means they have no intention at ALL of giving back the deposit.

[TShadow]

It is absolutely common not to give back the deposit in Peru. None of the owners from whom I rented my flats gave it ever back to me. They didn't even invented false damages. So when I rented my last flat I simply did not pay anymore the rent for the amount of the deposit. Problem solved.

By the way the same always happened to me in Italy. They all know that their justice system does not work, so they take advantage of this.

[Jalapenomel]

You'll be lucky if you get the deposit back. I had to learn this the hard way. I did get some of my money back, less then half, and it took 4 months of badgering to get it. They nickel and dimed me out of everything, including cleaning the blinds for 400 soles and a beeping fridge (which was beeping when we moved in). Do not count on getting it back. Sorry.

[chi chi]

So when I rented my last flat I simply did not pay anymore the rent for the amount of the deposit. Problem solved.

That's what so many people do in Peru. I did the same.