advice on rental agreement

[TheBlackHand]

If you don't agree to the terms of the contract, try to renegotiate or don't sign. Contract Signing 101. Or simply have the owner put the peso value he wants on the contract instead. No need to worry about exchange rates if you're paying in pesos anyways.

I signed one 3 months ago, with these terms, and they want me to sign another one tomorrow, same terms...

 

[TheBlackHand]

Sounds like some shady ass shit. No offense but If this is how you conduct business, I can see why your last one failed.

If I were you I would sign the contract and then send the landlord a carta documento letting him/her know that what they did was illegal and that you will only pay him in pesos equal to the Banco Central published conversion rate. There is nothing he can do once you do that and residential rental contracts, are valid for 2 years EVEN if the landlord puts a different term in the rental contract and you sign it. In other words if the contract says 3 months, and you want to stay for 2 years the law will protect YOU! Read the "ley de alquileres 23091" Article #2 states the following:
"Para los contratos que se celebren a partir de la vigencia de la presente ley, el plazo mínimo de las locaciones con destino a vivienda, con o sin muebles, será de dos (2) años. Dicho plazo mínimo será de tres (3) años para los restantes destinos. Los contratos que se celebren por términos menores serán considerados como formulados por los plazos mínimos precedentemente fijados."
http://tododeiure.atspace.com/leyes/23091.htm

 

[ndcj]

Sounds like some shady ass shit. No offense but If this is how you conduct business, I can see why your last one failed.

Nothing shady about it at all. The shady part is the landlord trying to coax unsuspecting people into signing contracts that are contrary to their legal rights.

The law is clear, the contract the landlord is offering the OP contains clauses (payment in US dollars and indexed/self adjusting) that are absolutely not legally enforceable.

 

[davonz]

If i was in your situation and really wanted to stay in the apartment, and they will only take US$, or want the informal exchange rate, i would go for a trip to urugary and draw out US$ there.. And bring extra.. For the 300 peso trip you will make it back easy.. Plus if the peso devalues, you have a nice little stash of hard currency..

If you dont care about moving, do that, as there is alot of places out there for rent at the moment, and you might be able to get a better deal, nicer place etc..

I wouldnt get involved with any legal action etc, because its just more hassle. I find the less hassle i have to deal with the better life is. And its not as if they have changed the agreement 1/2 was through a contract, as it sounds as if you only had a 3 months contract and now you have another 3 months starting tomorrow if you except..

 

[TheBlackHand]

Kinda hard to prove you're NOT renting an apartment for " tourist purposes " if you're on a " tourist visa ".

Once you are in the apartment, how are they going to prove that you rented it for "tourist purposes"?

Give me a break, what expat here in his right mind would sell his Dollars at the official rate ? They aren't stupid and neither are property owners. Negotiate a rate that works for both parties and doesn't make either look like a boludo or just have the owner write the contract in the peso value he wants. And what exactly is this " crap " that property owners are doing ? Asking for rent in dollars or the equivalent in pesos at a realistic and favorable exchange rate ? How is this crap ? Seems just as sensible as an expat going to a black market cueva to exchange their dollars at a favorable unofficial exchange rate ( and then trying to pay their rent at the official rate *facepalm* ) or using XOOM to skim extra pesos out of their dollar exchange.

There is nothing lousy about any of this. And the only way it will stop is by simply having the contracts written in pesos. If a property owner wants $ 500 usd per month and the tenant doesn't want to pay in dollars the property owner should simply have the contract written for $ 3000 pesos instead. No exchange rate. End of story.

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!

 

[TheBlackHand]

Kinda hard to prove you're NOT renting an apartment for " tourist purposes " if you're on a " tourist visa ".

Once you are in the apartment, how are they going to prove that you rented it for "tourist purposes"?

Give me a break, what expat here in his right mind would sell his Dollars at the official rate ? They aren't stupid and neither are property owners. Negotiate a rate that works for both parties and doesn't make either look like a boludo or just have the owner write the contract in the peso value he wants. And what exactly is this " crap " that property owners are doing ? Asking for rent in dollars or the equivalent in pesos at a realistic and favorable exchange rate ? How is this crap ? Seems just as sensible as an expat going to a black market cueva to exchange their dollars at a favorable unofficial exchange rate ( and then trying to pay their rent at the official rate *facepalm* ) or using XOOM to skim extra pesos out of their dollar exchange.

There is nothing lousy about any of this. It's free market capitalism. And the only way this will stop is by simply having the contracts written in pesos. If a property owner wants $ 500 usd per month and the tenant doesn't want to pay in dollars the property owner should simply have the contract written for $ 3000 pesos instead. No exchange rate. End of story.

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]

Nothing shady about it at all. The shady part is the landlord trying to coax unsuspecting people into signing contracts that are contrary to their legal rights.

The law is clear, the contract the landlord is offering the OP contains clauses (payment in US dollars and indexed/self adjusting) that are absolutely not legally enforceable.

The laws here for owners are a joke. What do you expect an owner of an apartment to do? Sign a two year contract in pesos and not adjust for inflation? At the end of the two years they'd be using those pesos for toilet paper because that's all it would be good for.

Sorry, but indexing is necessary as long as there is double digit inflation.

 

[nikad]

Make a counter offer, ask him for a discount and tell the landlord you are giving him dollar bills, ask for a 25% discount, buy dollars, pay rent and everybody is happy. Or try to negotiate an intermediate rate is pesos, sth between the official rate and the blue, say 5.2 on the dollar or so. Or pay him a month and look for a new place to live. Your landlord is not doing anything illegitimate, I am sure two grown ups can find a way to negotiate without threats, etc.

 

[el_expatriado]

Adjusting for inflation on a rental agreement is perfectly legal. Pretty much all long term contracts i've seen have rent increases every 6-12 months.

Yeah, but I am not sure this is 100% legal. The rental laws here are pretty Marxist.

 

[sleslie23]

Yeah, but I am not sure this is 100% legal. The rental laws here are pretty Marxist.

Legal or not, it is pretty much standard practice. Myself and every Argentine I know who rents has had there rent increased several times during their 2 year lease.