We are trying to rent out our house, and one of the applicants is the Consul of an African Republic. The business arrangement, as I understand, would be that the Consulate itself is the tenant, and would pay the rent, etc. If the Consul was transferred to a different post, the new Consul would become the new occupant.
Is there anything tricky to renting to a Consulate? What if there’s a revolution back home? What if they stop paying? Would I have any legal recourse?
Good question. I’m wondering if diplomatic immunity (of the Consulate, the individual, or both) would leave you without recourse for any problems or damage.
http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
So consular agents are liable for contracts made on their own behalf, but not for consular agreements. You might have a problem.
Liability of and collection against of the consulate (and its sending state) is pretty complicated too.
I’d discuss it with a lawyer, if I were you. I am not your lawyer, you are not my client. This is not legal advice.
Good articles about renting to foreign diplomats: http://www.highbeam.com/library/docfree.asp?DOCID=1G1:17351641&ctrlInfo=Round19%3AMode19a%3ADocG%3AResult&ao=
http://www.highbeam.com/library/docfree.asp?DOCID=1G1:17351639&ctrlInfo=Round19%3AMode19a%3ADocG%3AResult&ao=
http://query.nytimes.com/gst/fullpage.html?res=9E02E2DE1239F932A05750C0A960958260
http://www.sidley.com/db30/cgi-bin/pubs/Loan%20Mortgage.pdf
And a case: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1713.01A
Look, if you have any doubts about a potential tenent, say “no”.
Simple, & good advice that will save you a world of grief.
Why does this bring to mind every Nigerian scam I’ve ever read about?
I’d do a double-plus-good job of checking ID and calling the embassy to make sure all credentials are current and real.
If in doubt just say no. My mother used to rent out my grandmother’s house, and she always refused to rent to diplomats. At the time - and this is the U.K., mind - there was no sure recourse at all; there still may be none. You could complain to the ambassador, but if they refuse to pay - or worse, refuse to leave as well - there’s little you can do.
If it’s the Consulate, rather than an individual, paying the rent, they should not have the normal cash flow situation. So you could ask them to pay you the full rent for 6 months or a year lease up front.
You still might be at risk for damage, but probably no more than with any other tenant.
Well that, and if they decide to hold over or not pay upon renewal, or if they breach the conditions of the lease, you’ll have all kinds of problems evicting them.
When I was renting my house, I was warned to never rent to a diplomat. There is no way to collect in case of damage or non-payment of rent or anything else. One problem here in Quebec is that it would be illegal to ask for a damage deposit or for any more than one month in advance. Tough on diplomats, but they made all the rules, let them worry about the consequences.
Thanks for the great responses, everyone. This was very helpful. We found a more suitable applicant.