Can A Landlord Increase Rent Even Though You Have A Contract

[jbhenson]

I have a friend who signed a contract with their landlord, they both agree to one price then a month later the landlord came back saying she wanted more money.

She agreed to a new rent even though they had a signed contract for 3000 pesos, now 2 days later the landlord is stalking her asking for more money now the landlord says she wants 4000 pesos, can the landlord do that legally here?


She has the contract but its not stamped, it has both signatures but no stamp, is it considered a legal contract?

The original contract is for the first price they agreed to of 2800, what can she do?

 

[Jerbo]

A signed contract is a legally binding, valid agreement. The landlord had no power to enforce a rent increase and your friend had no duty to agree to one, except out of generosity or a desire to keep peace. But she had every right to say no.

If you need the name and number of an attorney who handles such matters, send me an MP. I had a similarly larcenous landlord and worked it out inexpensively with legal help.

 

[jbhenson]

A signed contract is a legally binding, valid agreement. The landlord had no power to enforce a rent increase and your friend had no duty to agree to one, except out of generosity or a desire to keep peace. But she had every right to say no.

If you need the name and number of an attorney who handles such matters, send me an MP. I had a similarly larcenous landlord and worked it out inexpensively with legal help.

she was trying to be fair, but the landlord was mistaking her kindness for weakness and came back 2 days later asking for more money. I think its rediculous and greedy, and told her not to pay anything other than the signed agreement.

 

[mikic007]

In 2 days even here you can't higher the rent, is all by the law. As jerbo wrote, also it's not bad to start with attorney immediately, to make order for later, might be cheaper if she starts right now. Probably she is foreigner, Dollar just got up, owner smelled the money...

 

[gpop]

http://www.infonews....-los-alquileres
http://www.protector...e-agosto/27954/
25% annual after the first year... but agreeing on a a signed contract, then changing the price is not right.
Smells like trouble down the road. I would keep looking; if the owner is getting greedy now, he'll only get worse later.
New civil code changed as well.

Edit:
found LEY Nº 23.091 "renters law" : http://infoleg.mecon.gov.ar/infolegInternet/anexos/25000-29999/27287/texact.htm

 

[jbhenson]

http://www.infonews....-los-alquileres
25% annual after the first year... but agreeing on a a signed contract, then changing the price is not right.
Smells like trouble down the road. I would keep looking; if the owner is getting greedy now, he'll only get worse later.

yes but the question for her is, is it legal for the landlord to do that here?

Me id move on no problem, but she has kids. and thinks its difficult to find a place!

I know its unethical, and immoral, but i want to know if the landlord can do that legally here?

 

[gpop]

yes but the question for her is, is it legal for the landlord to do that here?

Me id move on no problem, but she has kids. and thinks its difficult to find a place!

I know its unethical, and immoral, but i want to know if the landlord can do that legally here?

I'm reading [slowly] over the law with translation and original, so far i can't find the part that talks exclusively about contract changes after signing, but that should be a no-brainer... signed contract, with or without a seal is still binding. Does your friend have a copy of publication with the listed rent as evidence?

anyway article 1:
Los contratos de locaciones urbanas, así como también sus modificaciones y prórrogas , deberán formalizarse por escrito. Cuando el contrato no celebrado por escrito haya tenido principio de ejecución, se considerará como plazo el mínimo fijado en esta ley y el precio y su actualización los determinará el juez de acuerdo al valor y práctica de plaza. 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.

pretty much points to any negotiation must be in writing, failure to do so can be determined by a judge. Well, that's how I am reading it, anyone with better understanding of legalese, please correct me on this.

 

[nikad]

it is not legal. She can get good and very cheap legal advice and coverage from Union Argentina de Inquilinos. They will talk to her landlord, send legal letters, etc. They charge only 350 pesos or so to cover you for one year.

 

[jbhenson]

it is not legal. She can get good and very cheap legal advice and coverage from Union Argentina de Inquilinos. They will talk to her landlord, send legal letters, etc. They charge only 350 pesos or so to cover you for one year.

Awesome we were going to hire an attorney for her so this will save our family some dollars. Thanks to all of you for answering, its been very helpful! I appreciate you all taking the time to help.

 

[semigoodlookin]

Let us know how this goes, it's always good to get more information on this kind of stuff and how to avoid similar situations in the future.