I Need Help With A Rental Problem, Please!

[French jurist]

The theory:
Like it has been said, your contract is a 2 years one, that's the Law.
You can post your contract here (or using links from Photobucket) while erasing anything that can identify you and we'll tell you our thoughs.
As for the raise, like it has also been said, it depends on the contract.
Same thing for the expensas: what says the contract?

So, in theory, you're in a good position and the landlord is in a difficult one.

The reality:
Since you are a foreigner, you might not want to enter a fight with a local, that's understandable. If you intend to defend your rights, you'll lose a peaceful way of life for some time. It's also not easy for a foreigner to know how to yell, argue in castellano (Argentines can speak really loud when fighting, it's part of the idiosyncrasy here).


The solution?
Explain to the landlord that you know your rights because you've asked a professional (that's a lie but well), etc. But explain that you also understand what the landlord wants and try to negotiate something in-between.
The landlord might not want to lose you... And you might not want to lose the landlord.

 

[ghost]

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!

I am very sorry, dear. But in Argentina as an outsider you have zero rights. You can fight as much as you wish and you will not prevail. Landlords win in AR. It sucks but they make the rules.

 

[John.St]

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?

It leaves you high and dry. Read the law

Ley 23.091 = La Ley de alquileres
http://www.taringa.n...r-Consejos.html

identical to

Locaciones Urbanas
http://www.leydealqu...ar/?page_id=197

two links because the keep changing the address.

 

[Montauk_Project]

300 pesos to review a contract is quite affordable. If it is too much, see if a friend can look it over for you.

 

[Bajo_cero2]

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?

Are you serious?
A lawyer expert in housibg contracts what s to charge for his knoledge... Fair. Pay him.

 

[Bajo_cero2]

I am very sorry, dear. But in Argentina as an outsider you have zero rights. You can fight as much as you wish and you will not prevail. Landlords win in AR. It sucks but they make the rules.

This is not true.

 

[Bajo_cero2]

The theory:
Like it has been said, your contract is a 2 years one, that's the Law.
You can post your contract here (or using links from Photobucket) while erasing anything that can identify you and we'll tell you our thoughs.
As for the raise, like it has also been said, it depends on the contract.
Same thing for the expensas: what says the contract?

So, in theory, you're in a good position and the landlord is in a difficult one.

The reality:
Since you are a foreigner, you might not want to enter a fight with a local, that's understandable. If you intend to defend your rights, you'll lose a peaceful way of life for some time. It's also not easy for a foreigner to know how to yell, argue in castellano (Argentines can speak really loud when fighting, it's part of the idiosyncrasy here).


The solution?
Explain to the landlord that you know your rights because you've asked a professional (that's a lie but well), etc. But explain that you also understand what the landlord wants and try to negotiate something in-between.
The landlord might not want to lose you... And you might not want to lose the landlord.

She has to do a medida de no innovar, it means to freeze her situation until the second year. Get a lawyer.

 

[garryl]

If you just run around as an expat or a local, try to solve the problem with a third party agency, you are going to the wrong place. Few people are wliing to do anything lto help. The dispute like this happens all the time, every minute in every country.
The best way, is to sit down to negotiate and talk about this with your landlord. Imagine if there were an agency could stop the raise for you, how are you going to work with this person as a tenant/landlord ? You only bring stress to your life, kill all the fun living in Argentina.
Communication is the key, sorry for being frank.

 

[IABhutto]

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!

I don't understand amount of Expensas depends upon the administration of the building not the owner you have to/will pay what ever administration

decide.. and regarding the rent, even if you have 2 year contract the rent amount will always be different/more the next year... e.g 2000 for first year and

20% to 25% (depends upon the contract) more in second year, irrespective of contract, rent will be higher than what you paid in first year.

So if your landloard is asking for 20% or 25% raise in a rent seems legit to me, and I think you should accept it.

 

[lizlaz24]

I really appreciate all the help and advice, but, maybe I should clarify the situation about the expensas. We agreed that the expensas would be paid as a promedio of 500 pesos per month. If its more or less, doesn´t matter, we capped it at 500 per month.

The first few months they were less and I was OK with that because I made the deal. Now these past few months they have been more, and it is not to her benefit any longer and she wants to raise the amount. The reason the expensas have been more is because the administration keeps hiring people who make repairs that are not done properly and they keeping paying for the same repair over and over again.

For example, the termotanqes have not worked right for 4 months, and we have been without hot water. So, after paying for 4 repairs, the administration decides to replace one, while continuing fruitless and frivolous on the second, which now has to be replaced as well. Same situation with the elevator. It was repaired 7 times before they solved the problem and the administration paid for each repair until it was done right. Why continue to pay someone if they can´t or didn´t get it right on the first, or at least the first 3 tries?

The point is that the administration throws good money out after bad, and rather than asking me for 300 pesos more per month, she should go to the Admininstration and ask WTF? Why are you throwing out MY money?