Evicting bad tenant?

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Followthesun

Evicting bad tenant?

Postby Followthesun » Thu Mar 19, 2015 7:51 pm

I have a friend who rented an apartment to a fellow co-worker in October 2014.
The rent was paid for the first 3 months, but to date nothing more.
What options does my friend have legally to evict this person who is still working - so money is not an issue?
# Can the water and electric be turned off without legal ramifications?
# Can the locks be legally changed and any furniture, etc. removed from the apartment?
# Would it be expensive to go to court to have this tenant removed?
My friend needs the money from the rent - but wants to do things the right way.

Thanks


ironchefchris
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Re: Evicting bad tenant?

Postby ironchefchris » Fri Mar 20, 2015 9:11 am

Have your friend tell the co-worker to CEASE AND DESIST being a bad tenant immediately or he will sue them with his team of lawyers. Of course it helps if your friend actually does have a team of lawyers and actually follows through, otherwise it looks like he's making silly, all bark, no bite, toothless threats. Good luck to him.
Last edited by ironchefchris on Fri Mar 20, 2015 9:17 am, edited 1 time in total.
Followthesun

Re: Evicting bad tenant?

Postby Followthesun » Fri Mar 20, 2015 9:17 am

Who can afford a team of lawyers over technically 1 months lost rent?
My friend has a 2 month security deposit that will help defray the loss of income.
The post did not ask for a silly reply- a team of lawyers - or it would have not been posted here.
Try to be more constructive and professional in your posting.

Thanks
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Re: Evicting bad tenant?

Postby FDiH » Fri Mar 20, 2015 9:24 am

Since your friends wants to do things the right way, the legal option is the only option available. This involves getting a lawyer and and start a lengthy process.

Here in Huanuco people pay the police to evict a bad tenant. Not 100% 'the right way' but very effective. The combination of a lawyer and a police pay-off works wonders and is generally the quickest way from what I have been told.
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Re: Evicting bad tenant?

Postby ironchefchris » Fri Mar 20, 2015 9:51 am

Followthesun wrote:The post did not ask for a silly reply- a team of lawyers - or it would have not been posted here.
Try to be more constructive and professional in your posting.

Thanks

Silly reply? Perhaps, perhaps, but FDiH in the above post also suggests going the legal route. I don't understand why you find his advice constructive and mine silly when we are both suggesting using lawyers to evict the tenant. Is it because I suggested it? Try to stay consistent, it's more - professional. Maybe the silliness is in the "team" of lawyers. :lol: I only suggested it because in the past I was subjected to such CEASE AND DESIST "silliness," as you now call it, on a regular basis. I guess it was considered "constructive and professional" by the person making the demand back then but now is "silly." Anyway, just to share my personal experience in Peru, I was even told on a Sunday that I better prepare to "lose some assets" because on Monday morning the guy who made the repeated legal threats was going to be meeting with his attorneys (he confirmed it wasn't just one) to draw up papers to sue me for all sorts of things. I had long realized this guy wasn't the sharpest knife in the legal (and many other) drawers and just laughed because I knew he had no case and that he was like a little dog who's all bark and no bite. That was over a year ago and I never received the papers. bark, bark, bark. :roll: Maybe the co-worker/tenant isn't too bright and will fall for the same silly bluff?

Without knowing anything specific about landlord/tenant law in Peru, it sounds like your friend has an actual leg to stand on, unlike the guy who threatened me, so he at least has some options. Sorry I don't have anything better. In a previous post you mentioned being impeded by the police when moving out of an apartment. It was suggested that people often use the police as their own temporary private paid enforcers, so, as suggested by FDiH, this is an option, and likely the quickest, most effective option. When in Rome....
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Re: Evicting bad tenant?

Postby tupacperu » Fri Mar 20, 2015 10:16 am

GoodLuck with Peru's legal system. They recently passed a 15 day eviction law, so he may be in luck
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Re: Evicting bad tenant?

Postby tupacperu » Fri Mar 20, 2015 10:20 am

Sergio Bernales
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Re: Evicting bad tenant?

Postby Sergio Bernales » Fri Mar 20, 2015 10:23 am

FDiH wrote:Since your friends wants to do things the right way, the legal option is the only option available. This involves getting a lawyer and and start a lengthy process.

Here in Huanuco people pay the police to evict a bad tenant. Not 100% 'the right way' but very effective. The combination of a lawyer and a police pay-off works wonders and is generally the quickest way from what I have been told.


I don't see how bribing the police to evict a man is legal.
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Re: Evicting bad tenant?

Postby chi chi » Fri Mar 20, 2015 11:28 am

Followthesun wrote:# Can the water and electric be turned off without legal ramifications?
# Can the locks be legally changed and any furniture, etc. removed from the apartment?


NEVER do anything like this because he will get arrested. If he removes ítems from the flat then the tenant can report him for theft.


I hope your friend has given the tenant a contract. Otherwise I will be imposible to get him evicted.

And if the tenant has a contract and is a foreigner then I hope the tenant had a ''permisso para firmar contratos' when he signed the contract. If not, the contract is invalid.
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Re: Evicting bad tenant?

Postby mammamia » Fri Mar 20, 2015 12:05 pm

chi chi wrote:

I hope your friend has given the tenant a contract. Otherwise I will be imposible to get him evicted.


Having a contract, especially, the one drawn by a qualified notary could be crucial in this situation. A lot of things have changed this year. Last week I had the contracts with my tenants renewed and there were quite a few changes in the form of the contract itself: the notary added new entries about $10 per day fine if the tenant delays monthly rent payment, $100 per month fine if the tenant overstays for more than 2 weeks, etc. In other words, the law now favors the landlord and not the tenant as before. But, like I said, signing the contract is important.
Anyway, consulting a lawyer, not "a team of lawyers" of course, won't cost a lot and can help your friend save some trouble.
Followthesun

Re: Evicting bad tenant?

Postby Followthesun » Sat Mar 21, 2015 10:34 am

Mostly constructive advice.
My friend wants to do everything - legal, but does not have the money to hire a - team of lawyers???
I am thrilled this new law went into effect and yes there is a written agreement.
These people used to be friends, but the friendship has terminated due to money issues - often happens.

Thanks
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Re: Evicting bad tenant?

Postby chi chi » Sat Mar 21, 2015 11:00 am

mammamia wrote:A lot of things have changed this year. Last week I had the contracts with my tenants renewed and there were quite a few changes in the form of the contract itself: the notary added new entries about $10 per day fine if the tenant delays monthly rent payment, $100 per month fine if the tenant overstays for more than 2 weeks, etc. In other words, the law now favors the landlord and not the tenant as before.


A useless change. If a tenant refuses to pay the rent then he obviously won't pay the $10 per day or $100 per month either.
Followthesun

Re: Evicting bad tenant?

Postby Followthesun » Sat Mar 21, 2015 11:45 am

Not really...
With this sort of contract, the landlord can get a denuncia against the tenant and collect these fines.
Chi Chi, you have to have faith in the legal system here in Peru.
I had an issue with a powerful person who claimed to be a dentist with many powerful family connections.
It took 4 months, but Indecopi finally had him shut down!
If Peru is ever to be considered a top tier country, it needs to show the world it has laws that need to be obeyed. Chi Chi, on many occasions I agree with your comments - this is not one of them.

Best wishes :roll:
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Re: Evicting bad tenant?

Postby ironchefchris » Sat Mar 21, 2015 11:53 am

Followthesun wrote:Mostly constructive advice.
My friend wants to do everything - legal, but does not have the money to hire a - team of lawyers???
I have a feeling any of my posts will be pounced upon by 2 trolls on this site that do not like me.
Please reply to the topic and leave personal bias out of the equation - please.
I am thrilled this new law went into effect and yes there is a written agreement.
These people used to be friends, but the friendship has terminated due to money issues - often happens.

Thanks

Are you suggesting the person who repeatedly threatened me (and others who disagreed with him) with legal action should I not "CEASE AND DESIST" posting answers to the questions they asked on a public forum was a troll or silly because he regularly mentioned using his "team of lawyers" against me? If so, I agree with you 100%.

Save the over-used 'T'-card for genuine cases. To call someone that these days usually means that one is unable to support or defend their position. It is easier to just label someone who has an opposing view and be dismissive than to deal with questions or content head-on.

If someone wants to make a statement on a public forum (such as suggesting hiring someone to stand outside of a legal business and yell "CRIMINALS" at anyone passing by or entering the business) then they shouldn't get upset and threaten to let loose their "team of lawyers" if someone responds with their own opinion that it's a bad idea. If someone suggests that Peruvians are "like little children" on a public forum they shouldn't be surprised and threaten to sue someone who responds that they believe that's an offensive and culturally insensitive remark. If someone asks for advice on a public forum they shouldn't make threats because someone offers advice they don't like.

If they truly want advice, or believe that yelling CRIMINAL is a good idea, or that Peruvians really are "like little children," they should engage in a dialogue when challenged, explain their position and why it makes sense, explain why the opposing opinion or the advice offered doesn't make sense, just ignore the advice they don't like but that they ASKED for, or CEASE AND DESIST making statements or asking for advice on a PUBLIC FORUM. Someone who has repeatedly threatened people with legal action using their "team of lawyers" for participating on a public forum shouldn't be surprised or get upset when the person threatened responds to their silliness - perhaps with a level of silliness equal to their own.

I agree. Threatening people with a "team of lawyers" is ridiculous. If only there was a sarcasm font on expatperu, maybe my intent would have been clearer in recent posts (and PARTLY for this thread as well :roll: ). Apologies if you took that remark seriously.
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Re: Evicting bad tenant?

Postby ironchefchris » Sat Mar 21, 2015 1:24 pm

My comment was originally about using the services of an attorney, which you thought was constructive when suggested by someone else but silly when mentioned by me. You're the one that went off topic and brought up trolls. I responded.

Are you a moderator now? There's a system already in place for reporting posts one finds off topic or offensive. Why don't you use that instead and let the moderators do their job and decide what's off topic? You complain LOUDLY when your posts are deleted for being off topic (which many are) and have complained about freedom of speech and called people (and this site) Communist, but want the posts of others deleted based on your subjective opinion, which sounds kind of Stalinist itself. Free speech as long as it's speech you agree with. When the conversation doesn't go to your liking suddenly there are complaints and threads disappear, such as what happened when this topic of "off topic" had its own thread. :lol:

Why do you feel there should be a word limit to posts? How is constraining someone's form of expression consistent with advocating free speech? Is someone forcing you to read posts? Is someone forcing you to waste your valuable time? I think there should be a rule against threatening physical violence and frivolous legal actions against other members as has happened on the forum, but I'll let the moderators handle it. Why don't you apply to be a moderator so you can enforce your will and desires in the forum?
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Re: Evicting bad tenant?

Postby teamoperu » Sun Mar 22, 2015 8:30 am

Followthesun wrote:An everyone said - OFF TOPIC!!!
Please limit your comments to the intent of the OP and not your dislike for me!
Also, there should be a limit of 1,000 words per reply IMO.
You waste the valuable time of ethical/professional posters with your continued ranting.

:roll:


WRT evicting a tenant, Philip could help you! He was a `CONSUMER ADVOCATE`and a `PARALEGAL`. Do you know him? Honestly? I do not have his contact details but I sent him mine because he promised to sue me for defamation. I waited patiently at the door but no one showed up, chicken I suppose. Ironchefchris is right, all bark and no bite. But maybe someone else has contact details for you? That would help your “friend” a lot. And honesty is the best policy to help do god's work, follow the Light, follow the sun. Those bad tenants are obviously evil and need to be dealt with severely, even if they have kids and are going through a tough time. Being charitable is something for others.

WRT your off topic comments in your post, you really could benefit from teaming up with Philip!! There is strength in numbers. He appointed himself god of expatperu and posted judging other posts for their value, you know, the world according to Philip. A very small world. If EP wasn't going the way he wanted, he whined about it like a baby. He constantly posted about his daily trials and tribulations sometimes for a “friend” and if he didn't like the response he would SHOUT at them and defame them. He had a bit of a paranoia, he felt people were trolling him.

He had a quirky writing style, inappropriately using CAPS and did not care that it annoyed many people. He argued he had a precedent right to annoy people this way and argued and argued until... well, it did not end well for him.

He was also quite sickeningly sweet, thinking that it would deceive people, not very honest, didn't deceive many. He would invite them to his home. I never accepted because he is IMHO living in sin with his gf.

WRT your posting about 2 people trolling you, not true. There are way more who do not appreciate the attitude exhibited in your posts.
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Re: Evicting bad tenant?

Postby chi chi » Sun Mar 22, 2015 12:24 pm

Followthesun wrote:Not really...
With this sort of contract, the landlord can get a denuncia against the tenant and collect these fines.
Chi Chi, you have to have faith in the legal system here in Peru.


If the tenant doesn't have any money then nothing can be collected.

Followthesun wrote:I had an issue with a powerful person who claimed to be a dentist with many powerful family connections.
It took 4 months, but Indecopi finally had him shut down!


The next day he opens shop a few block down the road.

Followthesun wrote:If Peru is ever to be considered a top tier country, it needs to show the world it has laws that need to be obeyed.


How is a corrupt government that doesn't care about it's citizens going to do that? Peruvians don't trust their government.
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Re: Evicting bad tenant?

Postby ketchup » Thu Mar 26, 2015 3:28 pm

He need to send a letter from a Notary, giving the a period of time to regularize the situation and stating that otherwise contract is broken and legal measures for eviction will start.
In my experience this usually works, and either he will pay or leave the property ASAP.

If there is no notary letter you already started wrong since there has been no formal notification of the infraction.

In reality if the tenant want he can make this very painful, since yes he will lose, but in 5 years in court so....better to settle correctly.
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Re: Evicting bad tenant?

Postby Niko » Fri Mar 27, 2015 1:57 pm

I agree...the first step of the procedure would be to send a carta notarial.

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