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The CostaRican lease law does not obligate the landlord to put depo in escrow, therefore they use it for whatever they want. At the end of the rental period, it can happen that the landlord refuses to return depo and says “go sue me ” hahahaaa so what ? Spend thousands of dollars to sue somebody for a 1000 dollars, or less, deposit ? Ticos know the laws very well, as long as they are to their advantage…
Another question would be, who would pay the escrow or trust fees ?
Luckily we do not deal with long term rentals, and short term renters have to pay in advance, there we get our commission right away.
[quote=”elindermuller”]The CostaRican lease law does not obligate the landlord to put depo in escrow, therefore they use it for whatever they want. [/quote]
Thank you, I think you now agree with what both Scott & I said.
[quote=”costaricabill”][quote=”elindermuller”]The CostaRican lease law does not obligate the landlord to put depo in escrow, therefore they use it for whatever they want. [/quote]
Thank you, I think you now agree with what both Scott & I said.
[/quote]Regarding the security deposit (to cover damages and unpaid utility bills), I never disagreed.
Rental commission (which is the subject of this post), has nothing to do with the security deposit.
[quote=”elindermuller”]
Regarding the security deposit (to cover damages and unpaid utility bills), I never disagreed.Rental commission (which is the subject of this post), has nothing to do with the security deposit.[/quote]
Except that you refuse to acknowledge that in Costa Rica the Landlord has the right to use, and in fact often does use, all or part of the security deposit to fund all or part of the agent’s commission.
[quote=”costaricabill”][quote=”elindermuller”]
Regarding the security deposit (to cover damages and unpaid utility bills), I never disagreed.Rental commission (which is the subject of this post), has nothing to do with the security deposit.[/quote]
Except that you refuse to acknowledge that in Costa Rica the Landlord has the right to use, and in fact often does use, all or part of the security deposit to fund all or part of the agent’s commission.[/quote]
No I do not. Off course the landlord can do whatever he wants with the security deposit he receives from the renter at the beginning of the rental period, as long as he comes up with the money at the end of the rental period to pay it back. Off course he can use the initial deposit to pay a commssion to the broker, or he can drink the money in a bar, or flush it down the toilet. But once the renter moves out, all bills are up to date and no damages are done to the building, the landlord can not refuse to pay the security deposit back with the excuse that he had to pay a commission, unless it is agreed to in the rental contract by all parties involved.
[quote=”elindermuller”]
No I do not. Off course the landlord can do whatever he wants with the security deposit he receives from the renter at the beginning of the rental period, as long as he comes up with the money at the end of the rental period to pay it back. Off course he can use the initial deposit to pay a commssion to the broker, or he can drink the money in a bar, or flush it down the toilet. But once the renter moves out, all bills are up to date and no damages are done to the building, the landlord can not refuse to pay the security deposit back with the excuse that he had to pay a commission, unless it is agreed to in the rental contract by all parties involved.
[/quote]On 20 March you wrote that the landlord can use the deposit to pay the commission only “if all parties agree” – all I have been trying to get you to acknowledge is that there does not have to be an agreement between the parties – the landlord can use the deposit for whatever, and you have now done that – thank you.
And there is no disagreement that the deposit is still subject to be reimbursed, in accordance with the terms of the rental contract. In your litany of conditions (no damages, all bills are paid….) you forgot to say “and the term of the lease has been fulfilled”. If the renter leaves early, that is typically a default and the renter forfeits the deposit.
Lease well…..
[quote=”elindermuller”][quote=”johnr”]At our property we collect the rent and then we pay the broker a 10% commission – after the property is inspected and the damage deposit is returned to the renter.[/quote]
Is your property a vacation rental ?
If not, the broker has to wait all those years in order to get his commission ? 😯
[/quote]
It is a vacation rental – however we would rent by the month.
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