I will present this question in English because it is rather long, and my Spanish writing skills leave a lot to be desired. I am hoping I will luck into a reader who speaks English and can perhaps answer my question.

I am an American living in GTO. In a very small town near Querataro. This town is wonderful and the people have been kind, in general. I rent a small apartment in the center of town. My landlord lives most of the time in California. So the tenants are instructed to make rent payments by making a deposit in a local caja. On August 5, 2010 I deposited $4400.00, MX, into the landlords account for payment of August and September. The day I made the deposit the girl working was having trouble with her system or the comer. Something was wrong and it was taking a lot of time. I asked her twice if she would like for me to come back. Both times she said no, wait just a minute. I waited and finally she presented me with a hand written receipt. Very different from the type that normally come out of the machine.

The landlord returned to Mexico in November. After he was here for 2 weeks he told me he was leaving in the morning and that there was a problem at the caja. No record of the deposit. I provided him with a copy of the receipt. He went back to California and I never heard another word about it.  Weeks later he calls from California and says the caja is threatening to sue. Though he would not tell me who or for what. That he now needs the original receipt. I said I would get it to his sister, which is what he asked me to do. My parents were in Arizona at the time. I remembered that I had left that receipt with some other papers in my mothers house. I had no key. I told this to his sister. She badgered me for weeks.

He returned to Mexico last week. This is a very unpleasent uneducated man. I told him that I would gladly give him the origninal provided that I was given a release of liability from the caja. I asked for this because he me on edge with the comment about the caja threatening to sue. Something stating that this is a problem between him and his caja and I am just an uninterested third party. And I mentioned the clear conflict of interest as it relates to his brother working for the caja in question. I did not feel at all that this request was out of line or out of the ordinary. I have been the victim of several financial swindles while living here including just recently being extorted over a car wreck that never happened. A situation where I was forced to pay due to the complicity of the local police in assisting the extotionist and ting me in a situation where I could either pay the guy, or face a trial that I would almost have certainly lost. I paid. I am not fool and I am also in no mood to be set up again.

Today the landlords brother comes to harrass and threaten me in person. He apparently does not know what conflict of interest means and took it personally and to mean that I am accusing him of stealing the deposit money. I never said any such thing, I believe this is a language barrier problem. He was quite rude and said I had 3 days to pay back the missing money or they are going to call the police and have me thrown out. I told him to get out and that he would be better served to know the laws in his own country before he makes ridiculous threats. He returned with his brother, the land lord, then both of them ganged up on me. Actually accused me of making a false receipt, implying I guess that I never even made the deposit. I was stunned that 2 men would treat a woman, a guest in their country so horribly. I told them both to get out and they left with the same threat of 3 days to get out or they will involve the police. I know that can not happen, but it was upsetting nevertheless. Both of them were absolutely beligerent and would not let me speak.

My question is simple. His hostile behavior has changed me from his friend who was eager and willing to help him, into a reluctant and hostile witness. I feel myself being setup here and the most disturbing part is that I do not know by whom. What are my rights? And what are my obligations? From my perspective, and with only my knowledge of American law, it appears that this man has a problem with his caja. A problem that I am completely independent from and in no way obliged to remedy. Had he arranged for a release of liability as I asked I would have gladly helped him. This is just good business practice. Please do not misunderstand, I love Mexico. But things are done here in a way that is often confusing at best and financial crime and swindling are rampant. I am also extremely leary of "authority figures" due to my recent experience with the police and the extortion.

I would like to know what my basic rights as a tenant are. I live in Guanjuato. I am also eager to know what my obligations are. Aside from the obvious of paying my rent on time and being a responsible tenant. I do and am.

This situation has spiraled into something ugly. I would like to fix it, but am reluctant to make a move because I really am mistrustful of financial disagreements. Especially knowing that financial disagreements are often criminalized and can get way out of hand. I am out of my element here and any help would be greatly appreciated.

Feel free to answer me here or at my private email of gtogringaymail

Thank you for your time,

Cathy

Buenas noches:

Lo que usted puede hacer es realizar la consignación de su renta al juzgado de lo civil, esto lo tiene que hacer mediante un abogado para que le haga todo el trámite, y mes con mes, en lugar de pagar en la caja, hace la consignación en el juzgado, esto para no caer en incumplimiento, dos meses de renta no son suficiente para que le rescindan el contrato y es necesario que lo hagan mediante juicio, es decir, la tienen que demandar por la rescisión de contrato de arrendamiento, entonces usted al estar consignando al juzgado puede demostrar que no ha incumplido en las rentas.

En lo referente al recibo escrito a mano que le dieron en la caja cuando deposito las rentas, me queda una duda, ya que cuando eso pasa el banco o la caja al no poder expedir un recibo de la máquina, si lo hacen a mano pero le ponen un sello distintivo del banco y lo firman para que tenga efectos legales, como el que se sucita en este caso, y no hace mención si le sellaron y le firmaron el recibo hecho a mano.

 Continuando con sus dudas acerca de que ha sido amenazada con que la van a sacar con la policía, eso no se puede hacer,  ya que como le comento la tienen que demandar por la rescision del contrato de arrendamiento, porque si lo hicieren de otra manera, estarían incurriendo en el delito de despojo e incluso de allanamiento de morada, así que no son más que eso, amenazas para asustarla, si en estos días por mientras usted se asiste de un buen abogado en la materia, no les haga caso y no se deje asustar.

Esperando haberla ayudado, en caso de alguna duda, quedo a sus órdenes.

Dear consultant:
You must to realize the consigment of any rent payment due at the civilian court in order to avoid a landlord eviction complaint procedure. Please look for a legal advice promptly.
The hand made original receipt must to be sufficient to prove the compliment of your rent payment obligations.
Don’t worry about any police action because in Mexico any eviction or repossession only proceed by judge order.
Good luck.

..

Dear Cathy
 To begin, my advice is that you do not deliver the original receipt, until it are by means of a Public Notary or authorized authority (Court) that gives faith of the delivery, and by means of one against receipt with certified copy.
 In addition I think that you should in contact with the American Embassy or the Consulate, for legal assistance in order that you present a denounce against them  in the Ministerio Público (Attorney Public Office), for the crime of threats and those who prove (Probably fraud).

Weeks later he calls.................................. Weeks later He CALLED

And say........................................................... And SAID

I said I would get it to his sister................I said I would GIVE it to his sister.

This is a very unpleasant and uneducated man............ This is a very unpleasant and AN uneducated man

What are my rights?...........................................WHICH are my rights?

She presented me.............................................She presented TO me

It appears that this man.....................................It appears TO ME that this man

Must to realize.....................................................Must realize

Please, Don´t be angry

Como que el sujeto este escribe muy pero muy mal el ingles como para ser nativo no?

No serà otro como el que decia que queria demandar a su abuelo porque no le habia dejado nada? Osea de los clasicos que envian anonimenteuna consulta para ver que sucede?

Porque no dice que pueblito cerca de queretaro?  Conozco lo suficientemente bien mi estado para poder decir si existe o no... o cuestioanrle para descubrir la verdad o la mentiera por lo qaue

Señor consultante ...I can tell you exactly where you live in the state of Guanajuato

La consulta es anacrónica 11 feb 2011

This is fhe very first question I had ever see in Mexicolegal, and I gratefully congratulate those lawyers who kindly answered in english.

Por el contrario calva triste... esto es foro que se llama MEXICOLEGAL no USALAW o cosas por el estilo. Se ha metido usted a un foro legal en inglaterra, o francia?  A caso si formula una pregunta en español se la responden ???

La respuesta es NOOOOO

Si se mete a un foro de un pais donde se habla español... debe formularse en español. El no conocer el idioma no es el pretexto pues ya hay traductores en linea.

Al menos por educacion debe hacerlo. Estoy seguro que los colegas que respondemos en español no es porque desconozcamos el ingles... tan es asi que estam,os respondiendo .... sino que se hace en español para respetar las reglas de etiqueta.

O que... si le formulo a usted calva triste una pregunta 100% En latin.... me responderà en latin?