Cost of breaking lease

[sketchyblueeyes]

hey everyone

So my friend and I have been looking for about 2 weeks for a nice temporary rental thats a few blocks from santa fe/cabildo that has 2 bedrooms and is under 1000/month. We've basically found nothing but crap holes and its really disappointing. My friend is half argentine, and her grandparents live in belgrano and have said they would be our guarantia. She's starting university in belgrano this month, and I have no plans to leave BA any time in the future. We had been looking at temp places just because neither of us are 100% certain we want to stay in that apt or be roommates for over 1 year.

Basically, what we are wondering is what is the standard penalty for breaking a 24 month lease? And would it be sketchy to ask the realtor what the penalty is?

Any help would be so appreciated!

 

[sesamosinsal]

hey everyone

So my friend and I have been looking for about 2 weeks for a nice temporary rental thats a few blocks from santa fe/cabildo that has 2 bedrooms and is under 1000/month. We've basically found nothing but crap holes and its really disappointing. My friend is half argentine, and her grandparents live in belgrano and have said they would be our guarantia. She's starting university in belgrano this month, and I have no plans to leave BA any time in the future. We had been looking at temp places just because neither of us are 100% certain we want to stay in that apt or be roommates for over 1 year.

Basically, what we are wondering is what is the standard penalty for breaking a 24 month lease? And would it be sketchy to ask the realtor what the penalty is?

Any help would be so appreciated!

Someone correct me if I'm wrong. But by law, you can cancel the contract at the 6-month of a 24-month contract. You'd just lose the deposit.

Anything after the six months, the landlord is legally allowed to go after your guarantia, which in Capital is generally another property in Capital.

Someone will have more details, though.

 

[gsi16386]

I took out a lease on an apartment for two years, but did not have a guarantia. As a result, I had to put down 6months (which acted as the guarantia) in addition to a one month deposit, which acted like a security deposit.

More than likely I'll break my lease before the end of the lease, but my lease reads that I can break the lease after having lived there for 6 months by forfeiting my 1 month deposit. I would still get my 6 month guarantia back.

So it's really just a matter of how you organize the lease...

 

[sketchyblueeyes]

Thank you guys! From what i've heard from other people, they also had a similar after the first 6 months, you don't lose anything type of lease.

I'm cool with losing the 1 month rent security deposit - still cheaper than these terrible temporary places i've seen. I just want to make sure they don't go after my friend's grandparents.

Does anyone have personal experience with breaking the lease?

 

[NikBaires]

Are the grandparents the garantie on your currently place? If so they will be responsible. If not, have a blast...court take so long you could be 70 before you have to deal with it. If the grandparents are guarantors, work out a deal and have it signed by an escribano....or they could lose whatever property the pledged....

 

[NikBaires]

Totally wrong..with a garantie in place..

 

[sketchyblueeyes]

Currently I live with my boyfriend and she with her grandparents. We are trying to move in together for at least a year, probably more. We don't want her grandparents to lose their property or face penalties, if that is the case we'll rent a stupid overpriced temp place. We are moving, and i was wondering what the typical penalty is for breaking the lease.

 

[nikad]

What was said above is wrong. As a standard most lease contracts say that if you cancel the contract before the first year you have to indemnify the landlord with 2 months worth of rent, if you do it between the first and second year you indemnify with 1 month worth of rent. The contract cannot be terminated before the first six months ( assume you will have to pay 6 months worth of rent to do so, although if something really bad happens a landlord will most likely try to sort it out with you ). This clauses must be specified in the contract, if nothing says, then nothing can be claimed. Custom is that you let your landlord know of early termination, renewal or non renewal 2 months ahead.

 

[French jurist]

Nikad is indeed right.

First you have to refer to your contract (in 90% of the cases, it states something regarding this issue).

Indeed you can terminate the contract before 6 months have passed.
Then, when you want to terminate it, you must tell the owner (likely with a "carta documento" ?) 60 days ahead of the termination you wish.

Indemnity :
- Termination 6 months to 12 months after the signature = 1 1/2 month
- Termination 12 to 24 months = 1 month


I'm not sure about the fact the clause must appear in the contract to be valid (my guess would be that the law applies anyway, no matter the clause exists or not but well.. this is Argentina).

Make sure you don't get "dewercs" with the security deposit : either arrandge to get a proof from the electricity/gas/phone/.. company that you are up to date with all the invoices when you leave and ask for an immediate refund. Or sign a document (the LL too) when you leave stating that the apartment is in good condition, like it was when you entered it.

 

[mini]

You really have to read the lease and discuss what is agreeable with the landlord. Our contract said that we were "locked in" for 6 months (ie, we -could- leave but need to pay the missing months up to 6 months) between 6-12 months there was a one month penalty and 12-24 months there was no penalty at all. We just renewed our contract and there is no penalty for canceling this time.

If you do move in together, the two of you need to define an agreement with each other, like if it's not working out then one of you has to leave with notice (30 day?) and who will that be? I would guess that it would be you as your friend is the one with the guarantia and then s/he can stay on and find another roommate, or you both have to leave, etc. That kind of thing. I'd make sure it's written down so no one forgets.