Bit of a nightmare rental situation - what are my options?

[niddy204]

Signed a 1 year lease, about 2-3 days ago in Palermo Hollywood.
Hot water doesn't stay hot for more than 10 seconds.
Speedtest is clocking the internet at .86 Mbps
One of the burners on the stove leaks gas
There are other issues, but I feel like these are the big 3. Agent hasn't been helpful through any of this. Where do I go from here? I've paid the deposit + first month + agent fee. Any advice would be much appreciated. Thanks

 

[IamWaldo]

Either threaten with a lawyer... or stop paying rent untill they fix it, and notify them that you will do this.

 

[jblaze5779]

Welcome to argentina. These things are normal.

For thr hot water go to the Caldera and see if if the pressure is low. If so reach under and open the small valve and increase the pressure to 1 or 2 bars.

WiFi included means the landlord pays for the cheapest crap service.

Leaky gas is normal. Maybe open a window

 

[Quilombo]

Hey @niddy204 !

Best to inform the agent that you're aware of your rights, you will act on them. Here are your rights for the issues you've mentioned:

Comisión:

It is prohibited in CABA (not Provincia) for the tenant to pay the agent/broker fee as per CABA Law 5859:

Percibir honorarios por la actividad realizada y comisiones de su comitente según la retribución que libremente pacten. Para los casos de locaciones de inmuebles con destino habitacional en los que el locatario sea una persona física, el monto máximo de la comisión a cobrar será el equivalente al cuatro con quince centésimos por ciento (4,15%) del valor total del respectivo contrato, a cargo del locador.

Demand your refund to start, and if denied, let them know you're make a denuncia to the city.

Federal Rental Law:

You are protected by the Federal Ley de Alquileres, which stipulates that the protections are applied to you even if you're renting a furnished apartment for less than 3 years as your contract exceeds 3 months:

habitación con muebles con fines de turismo, descanso o similares. Si el plazo del contrato supera los 3 meses se presume que no fue hecho con fines turísticos;

Gastos de Reparación:

Inform the agent, in writing, that you will be executing on your right for urgent and non-urgent repairs as follows:

• Urgent - the leaking gas and water heater: Something along the lines of "In accordance with Ley 27551, this letter/email/WhatsApp message is informing you of the need for urgent repair/replacement of the stove as it is leaking gas when in operation, and the water heater, as it is only functioning intermittently. You have 24 hours to schedule the repair/replacement of these utilities or I will have them repaired/replaced at the expense of the owner."
• Non-Urgent - the internet, a bit tricky since the landlord is likely the account holder so you can schedule the repair, still issue the demand for repair within 10 days as per Ley 27551, and should they fail to, you could say you'll contract internet service with another company and charge the landlord the costs associated with doing so (again, this is more of a gray area unless internet is explicitly stated in the contract as included)
  
  Si el locador guarda silencio o se niega a realizar una reparación urgente, el inquilino o inquilina lo puede hacer por su cuenta y el locador debe pagarlas. Esto se aplica si pasan 24 horas corridas desde que el locador es notificado de la necesidad de hacer la reparación..
  
  Si las reparaciones no son urgentes, el inquilino o inquilina debe intimar al locador para que las realice en un plazo de 10 días corridos. Si no las hace, el inquilino o inquilina puede hacerlas por su cuenta y el locador debe pagarlas.

Finally, if the above doesn't work, let them know that you're going to reach out to AFIP to ensure the contract was registered with them as you'd hate to participate in any illegal business transactions. Good luck!

 

[Rich One]

Signed a 1 year lease, about 2-3 days ago in Palermo Hollywood.
Hot water doesn't stay hot for more than 10 seconds.
Speedtest is clocking the internet at .86 Mbps
One of the burners on the stove leaks gas
There are other issues, but I feel like these are the big 3. Agent hasn't been helpful through any of this. Where do I go from here? I've paid the deposit + first month + agent fee. Any advice would be much appreciated. Thanks

Tell the landlord, you are afraid of the leaky gas stove, so you plan to call Metrogas to check it....!!!!
However if the contract was not registered under Notary Public it isn't legal.

 

[nikad]

Hey @niddy204 !

Best to inform the agent that you're aware of your rights, you will act on them. Here are your rights for the issues you've mentioned:

Comisión:

It is prohibited in CABA (not Provincia) for the tenant to pay the agent/broker fee as per CABA Law 5859:

Percibir honorarios por la actividad realizada y comisiones de su comitente según la retribución que libremente pacten. Para los casos de locaciones de inmuebles con destino habitacional en los que el locatario sea una persona física, el monto máximo de la comisión a cobrar será el equivalente al cuatro con quince centésimos por ciento (4,15%) del valor total del respectivo contrato, a cargo del locador.

Demand your refund to start, and if denied, let them know you're make a denuncia to the city.

Federal Rental Law:

You are protected by the Federal Ley de Alquileres, which stipulates that the protections are applied to you even if you're renting a furnished apartment for less than 3 years as your contract exceeds 3 months:

habitación con muebles con fines de turismo, descanso o similares. Si el plazo del contrato supera los 3 meses se presume que no fue hecho con fines turísticos;

Gastos de Reparación:

Inform the agent, in writing, that you will be executing on your right for urgent and non-urgent repairs as follows:

• Urgent - the leaking gas and water heater: Something along the lines of "In accordance with Ley 27551, this letter/email/WhatsApp message is informing you of the need for urgent repair/replacement of the stove as it is leaking gas when in operation, and the water heater, as it is only functioning intermittently. You have 24 hours to schedule the repair/replacement of these utilities or I will have them repaired/replaced at the expense of the owner."
• Non-Urgent - the internet, a bit tricky since the landlord is likely the account holder so you can schedule the repair, still issue the demand for repair within 10 days as per Ley 27551, and should they fail to, you could say you'll contract internet service with another company and charge the landlord the costs associated with doing so (again, this is more of a gray area unless internet is explicitly stated in the contract as included)
  
  Si el locador guarda silencio o se niega a realizar una reparación urgente, el inquilino o inquilina lo puede hacer por su cuenta y el locador debe pagarlas. Esto se aplica si pasan 24 horas corridas desde que el locador es notificado de la necesidad de hacer la reparación..
  
  Si las reparaciones no son urgentes, el inquilino o inquilina debe intimar al locador para que las realice en un plazo de 10 días corridos. Si no las hace, el inquilino o inquilina puede hacerlas por su cuenta y el locador debe pagarlas.

Finally, if the above doesn't work, let them know that you're going to reach out to AFIP to ensure the contract was registered with them as you'd hate to participate in any illegal business transactions. Good luck!

This does not apply to temp rentals.

 

[nikad]

Signed a 1 year lease, about 2-3 days ago in Palermo Hollywood.
Hot water doesn't stay hot for more than 10 seconds.
Speedtest is clocking the internet at .86 Mbps
One of the burners on the stove leaks gas
There are other issues, but I feel like these are the big 3. Agent hasn't been helpful through any of this. Where do I go from here? I've paid the deposit + first month + agent fee. Any advice would be much appreciated. Thanks

Let the building super know there is a gas leak in your unit and that you will call the gas company and they will shut the gas for the whole building.
The hot water issue must be the water heater, the internet not much you can do about it other than getting a new provider. Who did you rent this unit from? is it a temp rental agency? I think your best bet is to suck it up for a month or two ( until you cover your deposit ) and find something else. There are tons of temp rentals out there. Before you sign, make sure to check that evrth works.

 

[Quilombo]

This does not apply to temp rentals.

Correct, but the Ley de Alquileres explicitly considers this type of rental to not be a temporary one given it's length exceeding 3 months:

Exceptions to the minimum term​

The minimum term of 3 years does not apply to lease contracts for:

• Headquarters of an embassy, consulate or international organization, and that destined for the residence of its diplomatic or consular foreign personnel;
• room with furniture for tourism, rest or similar purposes. If the term of the contract exceeds 3 months, it is presumed that it was not made for tourist purposes;
• storage of things;
• exhibition or offer of things or services in a fairground.
  

This was also a question asked and answered by the news website iProfessional:

9. Temporary rentals continue, are they legal?​

The new rental law establishes that it is valid to rent for less than three years for tourism, rest or the like. If the term of the contract or consecutive contracts exceeds three months, it is presumed that it was not made for those purposes.

 

[nikad]

Correct, but the Ley de Alquileres explicitly considers this type of rental to not be a temporary one given it's length exceeding 3 months:

Exceptions to the minimum term​

The minimum term of 3 years does not apply to lease contracts for:

• Headquarters of an embassy, consulate or international organization, and that destined for the residence of its diplomatic or consular foreign personnel;
• room with furniture for tourism, rest or similar purposes. If the term of the contract exceeds 3 months, it is presumed that it was not made for tourist purposes;
• storage of things;
• exhibition or offer of things or services in a fairground.

This was also a question asked and answered by the news website iProfessional:

9. Temporary rentals continue, are they legal?​

The new rental law establishes that it is valid to rent for less than three years for tourism, rest or the like. If the term of the contract or consecutive contracts exceeds three months, it is presumed that it was not made for those purposes.

it is still very relative, you have to actually read the contract, sometimes they use figures other than rental. Most landlords did their " homework " after the law passed. The OP thinks he has signed a lease, but it might not be the case.

 

[Redpossum]

Let the building super know there is a gas leak in your unit and that you will call the gas company and they will shut the gas for the whole building.
The hot water issue must be the water heater, the internet not much you can do about it other than getting a new provider. Who did you rent this unit from? is it a temp rental agency? I think your best bet is to suck it up for a month or two ( until you cover your deposit ) and find something else. There are tons of temp rentals out there. Before you sign, make sure to check that evrth works.

That is not a joke, Nikad. It can take months to get the gas turned on again. They will inspect every unit in the building, and require all of them to be brought up to code before the gas can be turned back on. It happened to me in the middle of winter. It took us 8 or 9 weeks to get the gas back on, and I was told that we were extraordinarily fortunate to have it back in "such a short time".

Freezing my balls off showering in cold water in the middle of winter isn't my personal idea of a good time.

To the OP, I would suggest just calling a plumber, but you will note that OP didn't actually say whether he has termotanque de gas, termotanque electrico, or just one of those on-demand thingies. I'm guessing it's the latter if he has hot water and then abruptly doesn't. Getting it fixed might be very simple, and compared to plumbers in the USA, the rates will be dirt-cheap. I have repeatedly just fixed things myself or at my own expense in various rentals here. Landlords here are hopeless when it comes to repairs.