advice on rental agreement

[solerboy]

Ley 23091 allows for the rental of units for up to six months for the purpose of tourism. If the OP is a non resident he would be classed as a tourist and the a contract for 3 months would be legitimate.

b) Las locaciones de viviendas con muebles que se arrienden con fines de turismo, en zonas aptas para ese destino. Cuando el plazo del alquiler supere los seis meses, se presumirá que el contrato no es con fines de turismo.

 

[creyescruz]

Is the contract good for 2 years even if I don't have a local guarantee person?

 

[el_expatriado]

Is the contract good for 2 years even if I don't have a local guarantee person?

If you want to sign a 2 year contract, you'll need to get a local guarantee, or else do something like Dirtboy says and negotiate it.

I would recommend against starting a war with the owner of the apartment, sending cartas documento, etc. Just walk away if you don't agree on the terms. There are thousands of apartments out there. No need to get nasty.

 

[earlyretirement]

Nothing you can do if you want to keep renting that apartment. You need to take a hard line when negotiating. They are Argentines, they are dealing with foreigners, so they should know better than you how to get ahold of dollars in Argentina.

I would tell them that you agree on the price in USD, but it is their responsibility to find a cueva where you can transfer dollars from the USA and make them accept the bank transfer. And if they say no, be prepared to move out.

I totally agree with this post. If you want to stay in the apartment then you need to either pony up the dollars or do it at the rate that it takes to really buy the dollars.

If you can wire them the funds from your bank outside of Argentina, there are many established "blue" money transfer firms that will do the transaction as they are desperate to get funds outside of Argentina as they simply have too much cash in their possession now as the market is flooded with locals sending their funds outside of Argentina.

The only problem I see is that most of these firms don't want to deal with too small of amounts and you have to have established connections with them. But honestly most locals can easily find places to accommodate this.

The guy that suggested you send a carta documento is totally wrong. That's horrible advice. Anyone can send a Carta documento. It doesn't mean anything. Just a notice and most people ignore them. The court system TOTALLY does not work there and you will spend more time and money in legal bills. Don't waste your time. Also, if you aren't in the "system" I certainly wouldn't want to become part of the system, getting caught up in Carta documentos, etc. It's best to stay out of the radar and system of the Argentina government.

Either agree to their terms or find another apartment. It's that simple.

I do think your solution to wire US dollars is good but honestly most locals probably won't deal with it.

There is no reason to start some war with an owner. Owners have a LOT of expenses owning a property and they had to pay cash for it. No reason for them not to get what they are asking, especially if you rented the apartment to begin with in dollars. It's not the owners problem that the government is totally crazy.

No way as an owner I'd agree to accept pesos at the official rate if I agreed on a US dollar rent to begin with. Most wise owners simply aren't doing rentals in pesos. Try to always look at things objectively from both sides as if you were the owner as well.

There are thousands of apartments so find another if you can't agree to this owners terms and conditions.

 

[el_expatriado]

No way as an owner I'd agree to accept pesos at the official rate if I agreed on a US dollar rent to begin with. Most wise owners simply aren't doing rentals in pesos. Try to always look at things objectively from both sides as if you were the owner as well.

There are thousands of apartments so find another if you can't agree to this owners terms and conditions.

You have to think that this guy already knows you, he knows you pay on time, you are willing to pay in dollars, and you are willing to pay what he asks.

So, you are not asking that much for him to do the legwork and find a cueva that will accept your bank transfer. Like this poster said, there are tons and they are all anxious to get dollars from abroad because it lets them accomodate people here who want to send cash abroad. And yes, the problem is that you are doing this for just $1500 USD.

If you were willing to move a few thousand it would be easier to find someone to help you.

 

[ndcj]

Ley 23091 allows for the rental of units for up to six months for the purpose of tourism. If the OP is a non resident he would be classed as a tourist and the a contract for 3 months would be legitimate.

b) Las locaciones de viviendas con muebles que se arrienden con fines de turismo, en zonas aptas para ese destino. Cuando el plazo del alquiler supere los seis meses, se presumirá que el contrato no es con fines de turismo.

I think Bajo_cero2 said before that there are judicial decisions that Capital is not a "zona apta para ese destino". It's designed for tourist rentals in places like Mar del Plata -- not for a residence, even a temporary one.

 

[Davidglen77]

Once you are in the apartment, how are they going to prove that you rented it for "tourist purposes"? Nobody here has the right to make you enter into a business transaction that puts you at a disadvantage, which is exactly what the landlord is trying to do by making you pay $5,93 as an exchange rate! Of course as many people here say if you don't like the terms just walk away, but every landlord in Buenos Aires tries this crap ESPECIALLY if you are a foreigner, and in my opinion it's LOUSY and has to stop!

 

[el_expatriado]

Once you are in the apartment, how are they going to prove that you rented it for "tourist purposes"? Nobody here has the right to make you enter into a business transaction that puts you at a disadvantage, which is exactly what the landlord is trying to do by making you pay $5,93 as an exchange rate! Of course as many people here say if you don't like the terms just walk away, but every landlord in Buenos Aires tries this crap ESPECIALLY if you are a foreigner, and in my opinion it's LOUSY and has to stop!

I have to disagree. Here they are being very upfront about what they want. They want $500 USD and they want either dollar bills or they want pesos at the informal rate. They are not trying to do any trick on you after you sign the lease. I don't think this is dishonest at all.

Free market baby, if you don't like it walk away and take your business somewhere else.

 

[shoush]

I disagree as well, I'm looking at the owners point of you, I think that you guys need to settle at a midpoint, 5,93 is quite a bit but 4,43 is ridiculous as well. I would try to settle on 5.15 if u can't get the dollars and if not look for a new apt!

 

[ndcj]

Free market baby, if you don't like it walk away and take your business somewhere else.

I think you might have woken up in the wrong city -- it's not a free market. Contracts contrary to public policy are void, just about anywhere in the world -- even those great shining beacons of the "free market".

A contact to rent somewhere to live is an inherently unequal transaction that requires the intervention of the state to protect the more vulnerable party. The landlord offers the apartment for rent for financial gain, the tenant rents the apartment for a place to live.

Clauses in rental contracts that set a price that is floating or indexed are not lawful. End of story. The OP can sign the contract, send a carta documento and then pay at the official rate of exchange or in dollars and there's nothing the landlord can legally do, because they ignored the law. Also, he could stay for two years by enforcing the two year contact length.

The OP might do well to just avoid this landlord and move, but he is already living there, and moving has a cost in time and money. The landlord is trying to get him to sign an abusive contract, so screw him.

Mind you, free market is seemingly a synonym for "privatize the profits, socialize the losses", but I digress.