apt. q's: are agencies the safest? how long do they take? USDs?

[sesamosinsal]

Temporary furnished rentals must be paid in dollars according to the law. But many people will agree to do it in pesos.

That is no where to be found in the Ley de Alquileres, 23.091.

Again, I cite this paragraph from the law:
'
En todos los supuestos, los alquileres se establecerán en moneda de curso legal al momento de concertarse. Será nula, sin perjuicio de la validez del contrato, la cláusula por la cual se convenga el pago en moneda que no tenga curso legal. En este caso, el precio quedará sujeto a determinación judicial.

En todos los supuestos = In all cases

 

[darmanad]

Temporary furnished rentals must be paid in dollars according to the law.

So then you disagree with bradlyhale's citation to the statute above requiring rent to be paid in pesos. Do you have the citation to the legal authority you are relying on?

 

[darmanad]

And since I signed a contract that obligates me to pay X amount in dollars, I do whatever is required to get the landlord that full amount in dollars or its equivalent in pesos including exchange fees.

ETA - don't have any idea on how it would play out in court. Really, my guess is that if you took it to court, they might require the tenant to pay the equivalent amount in dollars, including exchange fees, which is all I've been advocating. But again, no idea and never really been a concern for me.

You still don't get it (or don't want to). Even though the contract states you must pay in dollars, if the law is as bradlyhale specifies it is, then the contract clause requiring payment in dollars is not enforceable - it is not valid. If you admit that you "don't have any idea how it would play out in court" why propose an answer?

 

[elhombresinnombre]

You still don't get it (or don't want to). Even though the contract states you must pay in dollars, if the law is as bradlyhale specifies it is, then the contract clause requiring payment in dollars is not enforceable - it is not valid. If you admit that you "don't have any idea how it would play out in court" why propose an answer?

These questions have been asked before and answered before

here... http://baexpats.org/expat-life/6493-banking-questions.html#post39343

No need to ask why I remember the quote

 

[sesamosinsal]

I'm not a lawyer...

But I would say that the Civil Code applies to general law of obligations.

The Rental Law (Ley de Alquileres) is very specific on this matter, and it seems to me that the law would supersede the Civil Code.

Lawyers out there?

 

[darmanad]

These questions have been asked before and answered before

here... http://baexpats.org/expat-life/6493-banking-questions.html#post39343

No need to ask why I remember the quote

As I read the cited statutes they are not inconsistent with what bradlyhale says. If the contract provides for payment in a specific foreign currency, you have the right to pay in that currency. AR pesos cannot be insisted upon.
If the contract provides for payment in a foreign currency you have the right to ignor that contract term and pay in pesos.

I'm not a lawyer...

But I would say that the Civil Code applies to general law of obligations.

The Rental Law (Ley de Alquileres) is very specific on this matter, and it seems to me that the law would supersede the Civil Code.

Lawyers out there?

There is no conflict.

 

[citygirl]

So direct from a lawyer's mouth (thanks for digging that thread up elhombresinombre)

"It is perfectly legal in Argentina to sign a contract in any foreign currency. If the contracts you sign with your landlord states the price in a foreign currency, the creditor (landlord) may refuse payment in any other currency.The creditor may also refuse to accept partial payments. Whatever the contracts states is very important to establish if you have any legal way of paying in pesos, or through paypal, etc."

So since every contract I've ever seen here stipulates payment in a specific foreign currency - always USD, the landlord CAN stipulate that you pay in USD. And according to an actual lawyer - NOT ILLEGAL. So telling your landlord they have to accept pesos or you will sue them or that you're going to charge them to exchange the money,probably isn't a very good idea That being said, as always, most landlords I've met have been pretty understanding provided the tenant covers any conversion charges.

 

[darmanad]

AttorneyinBA made 2 posts in the above link provided by elhombresinnombre. In the first AttorneyinBA post he says in part:
It is perfectly legal in Argentina to sign a contract in any foreign currency. If the contracts you sign with your landlord states the price in a foreign currency, the creditor (landlord) may refuse payment in any other currency.

The second AttorneyinBA post actually contains the statutes. They provide:
Obligations in foreign currency are regulated in the Civil Code, Book II, Section 1, First Part, Title VII, Chapter IV, articles 617 and 619.
"Article 617. If the act which has become the obligation, has been stipulated in a currency other than the legal tender in the Republic, the obligation shall be considered seen as an obligation to deliver sums of money."
"Article 619. If the debtor's obligation was to deliver a sum of certain species or money, he fulfills the obligation giving the designated species, the due date."

I believe the 2 Attorneyin BA posts are contradictory. The first of his posts opines that a contract clause to pay in a foreign currency is enforceable. The statutes he cites seem to say that a clause to pay in a foreign currency will be interpreted simply as a term to pay a sum of money (Article 617). To me that means the clause requiring payment in a foreign currency is unenforceable.
Then Article 619 provides that if the contract provides for payment in a foreign currency the obligor may satisy his obligation by paying it (not pesos).
Sorry, I go with the statutes and not the legal opinion.

 

[citygirl]

Well.. I will always go with the real world scenario above either. Even if, in the end, you can force the landlord to take the pesos - 99.9% of tenants are not going to take their landlord to court.

I have rented apts (short-term) where they mandated the rent be paid in dollars upon arrival. No dollars , no apt. Like it or not, that's how it works with a lot of apts. Arguing about the ambiguous law doesn't change what happens in the real world.

If you're here as a tourist for the short-term, you're going to have to pay for all of it up-front so just bring the dollars. If you're renting for long-term, talk to your landlord and don't be an ass about it and I'm sure it will all work out.

(And FWIW - I sign contracts every day with suppliers here (and around the globe) and the contracts requires payments in X currency and we are required to pay them in X currency. I also require my clients to pay me in X currency and those contracts are legally binding despite the fact that X currency may not be the local currency).

 

[darmanad]

The provisions of the law are one thing - and I thought that was what we were talking about - not what 2 parties want to agree to as a practical way of conducting continuing business relations.
If my take on the AR statutes is correct you have a false conception of your legal obligations and those of your business contacts. A contract clause requiring payment in a specified foreign currency governed by the law of a foreign jursidiction may in deed be enforceable, but such a clause in a contract governed by AR law would seem to be unenforceable. The obligor always has the option to pay in AR pesos.

It is possible that contracts you enter into in AR may be governed by the law of a foreign jurisdiction, but it is unlikely and highly unlikely for a contract involving AR real estate.