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Guanajuato Gringa

Jul 6, 2011, 10:50 AM

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Legal Question Guanajuato

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Hi, I hope someone can answer this for me. Preferably with a link to the code cited. My landlord is a creep. He is a rude man and a pompous ass. Without boring you with details, I had to square off with him last winter. I paid 2 months rent on August 5, I had a receipt. The receipt was hand written because the day I made the deposit the girl in the Caja was having trouble with her system. I accepted it and never gave it a second thought. Many months later he approached me about the deposit. I provided him with a copy of my receipt. I never heard another word. Months later he starts sending his little brother over here to harass and threaten me for supplying them with a "fake" receipt.
It is important to know at this point that the little brother is an employee of the Caja in question. A clear conflict of interest in any country. I was extremely uncomfortable with them basically insisting that I go to the Caja and confront the Caja employee who took the deposit. I never believed for an instant that the girl stole the money. Rather, I assumed it was a simple accounting error. Easily resolved with a little bit of detective work. That was not how they chose to handle it. Instead I was the victim of nearly endless threats of them coming to put me in the street or to simply lock the doors.
I got a lawyer. Once I educated him on the fact that this state does have laws and he was breaking too many of them to count he backed off. I also told him that if he continued to gossip about me with the neighbors and call my parents (I am 44 years old for Gods sake!) regarding this I was going to sue him for malicious slander, or whatever legal definition and remedy of what he was doing, available to me in Mexico.
This shocked him. I proved to him that he can not bully people around and that he made a grave error when he behaved in a manner that made it obvious that he didn't know the rules. AND the assumption that I was too dumb to read the damn code myself. In Spanish. Once he realized his bully tactics wouldn't work he simply stopped his assault. Until today.
Today he sent his sister over here with a notice of rent increase. Stating that rent is being increased by 300 pesos. From 2200 to 2500. I am fairly certain that is not legal. For starters it is more than 15%, which is a number I recall reading about with regard to rent increase. There are 4 apartments in this building. Yet, he seems to think he can raise only mine. He is wrong about that.
My questions are as follows:
1. What is the maximum rent increase allowed in Guanajuato?
2. How much notice does he have to give?
3. Are there any rules with regard to situations of rent increase? Such as, does he need to show improvements to the property or an increase in his operating costs?
4. Is the inflationary rent increase guideline from the Bank of Mexico really the standard for determining rent increases?

I would greatly appreciate concrete answers to these questions. I am even willing to pay a professional to answer them for me. I will pay for an answer to all of these questions, with links or reference to, the specific codes cited in the answers.
This guy needs a reeducation and I am going to give it to him.
He really is a creep, but I like my apartment. I have been here 2 years and don't want to move again. He is mostly in California which means I don't really have to see him very often. I am very friendly with his brother and sister. Meaning I enjoy a satisfactory lifestyle here and he doesn't get on my nerves enough to instigate a move.
All I have to do is cite the law to him and he will back off again. He is just testing the waters.
Thanks in advance,
Cathy



chicois8

Jul 6, 2011, 1:15 PM

Post #2 of 12 (8539 views)

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Re: [Guanajuato Gringa] Legal Question Guanajuato

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   " I am even willing to pay a professional to answer them for me."

Then way don't you just visit and attorney in town and pay for the correct answer!!!!!!!
Rincon de Guayabitos,Nayarit
San Mateo, California


Guanajuato Gringa

Jul 6, 2011, 2:05 PM

Post #3 of 12 (8528 views)

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Re: [chicois8] Legal Question Guanajuato

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Really a lawyer? Why didn't I think of that myself? Not that it any of your damn business, but this is a very small town. I prefer to keep my financial issues and questions private. In this small town that is not possible because you don't know who is primo or compadre to whom.
But, thank you for being so helpful....


joaquinx


Jul 6, 2011, 3:49 PM

Post #4 of 12 (8506 views)

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Re: [Guanajuato Gringa] Legal Question Guanajuato

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Move or pay the increase.
_______
My desire to be well-informed is currently at odds with my desire to remain sane.


Guanajuato Gringa

Jul 6, 2011, 4:16 PM

Post #5 of 12 (8497 views)

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Re: [joaquinx] Legal Question Guanajuato

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What does that mean? I will not move. Why would you even say something so ridiculous? He needs to operate within the law. Not within what he feels he should be able to do, just because he wants to. We have laws to protect people like me from people like him.
Move. Por favor.
Thanks for the help by the way....


panama john

Jul 7, 2011, 8:24 AM

Post #6 of 12 (8450 views)

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Re: [Guanajuato Gringa] Legal Question Guanajuato

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By your negative and sarcastic responces to people who are only trying to help. I can see why you are having problems with the landlord.


Guanajuato Gringa

Jul 7, 2011, 8:48 AM

Post #7 of 12 (8444 views)

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Re: [panama john] Legal Question Guanajuato

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Read the very first reply to my question. Who was sarcastic? That was uncalled for and rude. This is not a popularity contest. I should be able to ask a simple question and have it answered without someone suggesting that I am too dumb to think of calling a lawyer on my own. I had a reason for posting that question the way I did and was unaware that the quality or purpose of a question was up for scrutiny. It is an annoying habit on any message board. I was looking for, and even willing to pay for a useful answer. Reading the codigo civil of Guanajuato, in Spanish, is tedious.

With regard to my landlord. He is a member of my extended family. I am very close with his brother and sister. Both of whom will tell you he is a rude blowhard and a pompous ass.

I have no problem with the guy. He has a problem with self control and manners. He is a jerk because he is a jerk. Not because he is a Mexican....


Guanajuato Gringa

Jul 7, 2011, 8:51 AM

Post #8 of 12 (8443 views)

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Re: [panama john] Legal Question Guanajuato

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And please indulge me by telling me who has tried to help....
So far it is no one. And my thanks for telling the truth is to be attacked from all sides by people who think I am here running for prom queen. This is NOT a popularity contest.
This is a forum where people are allowed to ask questions and make comments about real life observations without being challenged at every turn by uppity trolls looking for a fight.
Read posts, take what you want out of them and move on. If you are unable to answer my question why comment at all?


chicois8

Jul 7, 2011, 10:57 AM

Post #9 of 12 (8422 views)

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Re: [Guanajuato Gringa] Legal Question Guanajuato

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DO you remember writing this: " I am even willing to pay a professional to answer them for me." Well a professional that could answer your legal question would be a lawyer or notario..

By the way I know Guanajuato and it is not a small town, small compared to Leon but large compared to Dolores Hidalgo where I live...I hope you have mucho bien suerte in your future but I could be wrong.....suerte y paz

P.S.There are lawyers in SMA and Dolores where you could ask general questions without worry of it getting about your small town......



In Reply To
Really a lawyer? Why didn't I think of that myself? Not that it any of your damn business, but this is a very small town. I prefer to keep my financial issues and questions private. In this small town that is not possible because you don't know who is primo or compadre to whom.
But, thank you for being so helpful....

Rincon de Guayabitos,Nayarit
San Mateo, California

(This post was edited by chicois8 on Jul 7, 2011, 1:06 PM)


Axixic


Jul 7, 2011, 2:00 PM

Post #10 of 12 (8393 views)

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Re: [Guanajuato Gringa] Legal Question Guanajuato

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I don't normally read this area of the board but I have to agree the answers you received were insulting. If someone doesn't want to help, then don't post anything.

All states are probably different with Landlord/Tenant laws just like in the U.S. In Jalisco I think the maximum rent increase is 10%. It's probably the same in your area.

Again I am quoting what I remember about Jalisco law, but how soon the notice is of an increase is dependent on how long you have rented the property and what is in the lease. I imagine the minimum is a 30 day notice and up to several months if you have rented for longer than 5 years.

The rent increase maximum is based upon what the law states not a bank rate.

Stay calm and try to get the advice of a local attorney. Most attorneys do not know Landlord/Tenant law because there is no money in it if representing tenants so they don't read the law. That's true in the U.S. also. Maybe you can have an attorney send a letter to your landlord stating what the law says in regard to a rent increase, whether correct or not, and bluff your landlord into what you want. That will probably be the cheapest and quickest way to get your rent increase lowered and I doubt your landlord will spend his money on a lawyer to fight it.


cbviajero

Jul 7, 2011, 3:48 PM

Post #11 of 12 (8372 views)

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Re: [Guanajuato Gringa] Legal Question Guanajuato

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Pobrecita gringa in guanajuato,having read some of your other posts I don't understand why you don't just move to some other country I mean a 25 dollar rent

increase on top of all the other problems you've encountered in mexico,why stay?


esperanza

Jul 7, 2011, 3:57 PM

Post #12 of 12 (8363 views)

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Re: [Guanajuato Gringa] Legal Question Guanajuato

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OK, folks...the question that Guanajuato Gringa asked requires (as she herself suggested) professional and/or legal knowledge that isn't available on this board. Rather than continue a conversation that isn't going anywhere, I'm going to lock this thread.

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