I Need Help With A Rental Problem, Please!

lizlaz24

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Hi!
I really could use some advice on this one! PLEASE!

I finally, after 4 years, got out of the temporary rental apartment loop and thought I had found a home!

In May I rented a ¨permanent¨ apartment, but the owner only wanted to give me a one year contract. The terms and conditions were fair enough so I signed it. Subsequently, I found out that there is no such (legal) thing as a one year contract in Capital Federal. The only ¨legal¨ rental contracts are either 6 months (180 days) or 2 years. Nothing in between. IS THIS TRUE? If so, where does that leave me?

The reason I am concerned is the owner has contacted me telling me that she will be raising the amount of the ¨expensas¨ and the amount of the rent due to increased costs. I can´t afford to pay any more than I am and I am scraping to do that! What are my rights and recourse in this matter? If the contract wasn´t legal to begin with, how does that effect the situation? Is there an agency I can go to for help on this?

ANY HELP IS GREATLY APPRECIATED!
 
This is just a guidance on my own experience. Someone might have better legal advice: A 1 year rental should have a 2 yr rental "laws". About expensas, in 2 yr rental regular ones should be paid by you, no matter the cost. And "extraordinarias" by the owner. All of this as long it ain't specified directly on the contract.
 
Yes, I know for long term contracts, you have to pay the expenses, and at some point they will definitely go up, and it's the renters responsibility to pay. But if they are just doing work around the building, a paint job, fixing something etc. it's called extraordinario and the owner pays that! Check in the contract if she had written that the rent will be raised every 6 months, if not i don't think you will have to pay any increase! (Although I'm not sure how valid a 1 year contract is)
 
If you can speak Spanish, I suggest you go to Union de Inquilinos - Tenant ´s Association - and get expert´s advice. It is very cheap and they are renowned. www.inquilinos.org.ar
 
If your contract is from May, doesnt your rent and expenses change after your contract expires? Talk to your landlord and let him or her know you want to hire legal help, might scare em from trying to take advantage.
 
im also quite sure you can break your contract by paying one months extra rent...if you feel that the new expenses are not worth staying on long term.
 
I don´t think your contract is legal, as the min is 2 years or max 6 months for temp. Also, she cannot raise the rent if that is not stipulated in your contract. She can do it once your contract expires. As for expensas, this is a bill that the building´s association provides and you should take care of that, but ask to see the bill, do not pay your landlord blindly. It is your right to see the bill you are paying and get a copy of it and a receipt. I think you are being given the gringo treatment unfortunately. Go to Union Inquilinos, they will act in your best interest and are really affordable.
 
Keep in mind it is perfectly normal (because of inflation) for expenses to increase every few months. Also normal for LONG TERM renters to pay them. Also normal for rent to increase at the end of each year. Only with short term rentals do you avoid that (instead they inflate the amount of rent you pay!) it doesn't seem like anyone is pulling a fast one. But you should be able to see the expenses amount for your apartment in writing from the consortium that manages the building. Good luck!
 
Nikad, and others, thanks for your responses, and honestly I can use some more. Is there a city agency that deals with these things? Nikad, I called UAI and spoke with them and they told me the contract was not legal, but, for them to just review the contract, it 300 pesos! Yes! Just to read the contract!

Anyone have another referral, please?
 
The owner can't just arbitrarily raise your rent if it isn't stipulated in the contract, but just know that after the first year, owners usually raise the price 20-25%. That is standard practice here. As far as the expenses, with inflation what it is, they go up every year usually. The owner doesn't raise them, its the building administration and you have to pay them. Non payment of building expenses can lead to an embargo on the property. I would suggest you simply find another apartment. Going around threatening people doesn't always have positive results, on the contrary.
 
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