Advice On Dealing With Landlord

[trennod]

So our land lord has turned greedy. And I am chasing some advice.

To set the landscape, we have been living in this apartment for about a year and a half. We had a really good relationship with the owner up until the last 6 months. We have never had a contract, all was just verbally agreed and she never got around to doing a contract.

For the first year, we were paying below market rate (in our opinion), unfurnished, garantia etc however about 6 months ago (timing aligned with her acquisition of a new boyfriend who has now taken on the reigns as our first point of call) the owner increased the rent to about on market (3000 pesos). The was after the wanted 3500. Now, he (the boyfriend) wants to jack it up to 3700 pesos (wanted 4000). I talked with the neighbours and there are similar apartments to ours in our building which range from 2600 - 3200 pesos. I am 100% certain they are trying to jip us as they know we are only going to be in Argentina till the end of the year.

Which, our hands are tied to an extent as with 7 months we obviously cant sign a 2 year lease (even though my girlfriend is Argentine and we have a garantia and furniture etc) and it wouldnt be worth paying commisions etc, apart from hassle of moving.

Anyone have any advice on how to manage this? From where I sit I think we will just have to pay the 3700 and live with it. I really do feel like leaving them a nice wad of unpaid billed (many of the accounts still in landlords name) and unpaid rentas, on exit though.

 

[sesamosinsal]

Can it be rented legally? It's odd that she wouldn't draft a contract if the apartment can be legally rented, i.e. it's not in sucesión or some other sort of legal limbo.

If it can't be, then you might have some additional leverage... Whose name is on the ABL? The building expensas? Hers or someone else's?

If it can be rented legally, can you rent anywhere cheaper? You don't mention what kind of an apartment it is (monoambiente, 2, 3, etc).

If you'd have an option to rent cheaper, leave. Otherwise, I'd just bite my lip..

I wouldn't screw her over. Bad karma.

 

[trennod]

We actually took over the "lease" from a friend of my girlfriends. The friend initially had a contract but then they never formally extended it (not uncommon). Then when we moved in she talked about drafting one up but then never got around to it.

The ABL is not in anyones name.

Yeh thats the thing we dont have an option to rent cheaper but we do know they are trying to make us pay above market.

I am not usually that kind of guy, but it makes me want to be it thats for sure.

 

[juanchu80]

According to the city renting laws the landlord CANT rise renting price for a contract. They do it anyway most of the time but in the contract a clause is added that usually change the price the second year (maybe 10% or 20%) and still this isn't entirely legal.

Only rents WITH furniture can do a 6 month contract, all others has a minimum of 2 years.

Now you didn't sign a contract but still having an "informal" contract that is only verbal is still legal (all you need to prove it is a few witneses) and doesn't mean the landlord can break the law so I suggest you read the renting laws in Argentina

http://www.infoleg.gob.ar/infolegInternet/anexos/25000-29999/27287/texact.htm

After that go an explain the situation to the landlord with a printing of the law She probablly will not want to put a lawyer in all this since is very little money!

Good luck!

 

[Crema Americana]

Any way to talk to the actual owner and not the boyfriend? I'd probably try that first. If that doesn't help, try to negotiate down and say that you simply can't afford the extra rent. If 3000 is a fair price, then perhaps offer 3100 or 3200 for the rest of the year and that's as far as you can go.

If they really start to raise a stink about it, you might try just buckling down and paying the ~3000 until it's time for you to leave. Considering that there is no contract, and chances are they aren't reporting income to AFIP, you should be able to negotiate something since it's unlikely they want to get the law involved. You could just pay the 3700, but my worry would be that every other month they'd want to raise the price again until you leave.

 

[Ana Luisa]

I know a realter that is quite flexible with regards to renting contracts, she might be able to rent you an apartment priced at the "con garantia" range for less than 2 years, in case you decide to leave your current apartment. Let me know if you're at all interested and I'll message you her info.

 

[Rich One]

Salomonic law, split in half $3350 or a 11 % increase and save yourself the aggravation..you just pay that amount there is no contract to enforce. Evicting you is costly and time consuming.. Moving for 7 months $$$ no way
Paying additional $2400 pesos in the remanding 7 months will let you sleep.

You want to play games well the BF may get nasty also in many unnoticed ways!!
In some countries to move a truckload of furniture you need a police permit , to issue such permit you need to show up to date payments of all utilities etc. and a letter of agreement from the landlord!!

 

[Ashley]

As far as I am aware, legally you have to pay the amount stipulated in the previous contract...Apparently, if a contract is not renewed, you carry on adhering to the terms and conditions in the previous contract until it is renewed. The landlord can, however, request a new contract (which, obviously wouldn't be great for you guys as you're leaving and would have to pay the penalties for cutting it short). I think that the best thing you can do in this circumstance is just pay up on the stipulation that your landlord drafts a 6-month temporary contact to prevent any further hikes from occurring.

Again, you didn't mention where you're living, how many ambientes, etc. I pay a similar rent for a 2 ambientes in Chacarita with garantia. When our landlady renewed our last contract (increasing the price considerably!), we started looking at our alternatives and couldn't find much at all for less than 4,000. Obviously, if you're fortunate to have been renting the same place for several years, maybe a landlord is more likely to come to an agreement with trustworthy tenants to not increase the rent too much but perhaps in your case, the landlady is a little peeved that the apartment changed tenants without the rent going up accordingly.

 

[trennod]

Thanks for all the replies fellow bfs. I think we will just suck it up and pay the extra. It's a good idea about getting a contract written up for the remaining 7 months though I was thinking that, to protect from any further unexpected changes. It's still better than the alternative.

In hindsight, perhaps we should have initially had a contract written up, but for the first 12 months we were only paying 1900 so perhaps they are just trying to recapture some of that which IMO was very cheap.

Ah and the apartment is 2 ambientes, 52 m2 with balcony and is basically in corner of Scalabrini Ortiz and Cabello in Palermo (between av las heras n libertador).