Legal Reference About Home "expensas" Needed

[Rawley]

There is an electric shower head that is more convenient than the bucket you describe.

 

[citygirl]

Eric - what is with the italicized words in all of your posts?

Serafina - generally it is broken out as extraordinary (landlord) and ordinary (tenant). If the contract didn't spell it out explicitly however, you probably don't have a leg to stand on.

1000 pesos a month isn't a huge amount and lots and lots of buildings don't break them out (unfortunately). It all depends how much you want to fight.

 

[Rawley]

The expensas will go up since the porteros are getting a raise

 

[Ceviche]

I pay the ABL as a tenant in CABA and it sucks

 

[Rawley]

The ABL is usually paid by the Landlord in BA City.

 

[Ceviche]

The ABL is usually paid by the Landlord in BA City.

**usually**

 

[ElQueso]

The long term lease agreement is spelled out in civil code. My sister-in-law studied it in law class in her last year in high school and I helped her with it, so I was reading about the basic contracts defined by law(including all pre-defined labor and commercial laws). You cannot write a clause into a contract that disagrees with the lawful contract defined by the law. That part of a contract will always be null if it is written and cannot be enforced. If something is not mentioned in a contract between two parties, the default is the civil-code-defined contract, not nothing.

Therefore the only question is if the civil code specifies the breakout of expenses to owner and renter by law, or if it ignores that one thing. I am about 80% sure I remember reading in the law books, and am not just thinking of every contract I've ever signed, that this breakout is indeed defined in the civil code. I know for sure every long-term contract I've signed has this breakout in it.

Most of my landlords have not had a problem with it (indeed, we haven't really been hit with many special expenses), but I did once have an issue when the neighborhood I was living in decided to upgrade their fence around the whole place and it shot the monthly expenses up some 80%. The owner didn't want to pay it, wanted me to, but I just didn't pay it when I paid the expenses. It was an extraordinary expense, something that basically related directly to the maintenance and upkeep of his house and neighborhood.

I know specifically that things like what constitutes owner-required maintenance vs renter-required is defined in the civil code, as well as the penalties terminating the contract and other things that are pretty standard in every contract I've also signed.

And I've always paid ABL, pretty standard. It has to do more with current area maintenance, cleaning, trash pickup, which seems fair the occupant should pay. I don't remember if this is mentioned in the law or not though.

 

[Girino]

Therefore the only question is if the civil code specifies the breakout of expenses to owner and renter by law, or if it ignores that one thing. I am about 80% sure I remember reading in the law books, and am not just thinking of every contract I've ever signed, that this breakout is indeed defined in the civil code. I know for sure every long-term contract I've signed has this breakout in it.

You're my man, here, ElQueso. Take out those homeworks you helped do!

I am not bothered by the amount of the expenses, I am bothered that my landlord is trying to take advantage of us.

1. The girl before us paid $4500/month with no adjustment. We got $5800 with 15% adjustment every 6 mos and garantia propietaria. But we are foreigners, so...
   
2. We were rented an apartment with heating not working and nobody told us. The landlord told us to buy electrical heating units...
   
3. When works were made to fix the heating plumbing (the apartment was still under the constructor's warranty, so repairing were free for our landlord), they tore up the apartment for a month, we had to re-pay cleaning guys to clean the moquette (50% of our apartment), our new mattress (2 months old at the time) is now striped with dust (thought it was wrapped up in plastic) and we weren't able to work meanwhile (we work from home). Of course were were without hot water for a week because they had to take down the boiler...
   
4. During summer, water was not always working a lot of days due to bad plumbing within our building. We had guest and buckets of water to flush the WC.... We had to call the building manager repeatedly and in the end we had to fix the damn thing ourselves because today is holiday, tomorrow is Saturday, now everyone is on holiday, it's the water company fault, magically the frent building hasn't this problem, it's the pump that has issue but we have already changed it twice so it must be this way....
   
5. Now we have no hot water/water at night because the water pump is noisy and our neighbour turns it off - hello, noise insulation, anyone?!
   
6. Extra accident in the building lead to increased expenses
   
7. We were told the owner was already paying his expenses, and this was not true.
   
8. When we asked the building manager about the expenses, the landlord simply said "he doesn't agree so please pay anyway".
   
9. Meanwhile, we started with €400 rent and we are now about to pay €650...

I see the landlord/renter as a business/client relationship, not as a partnership where I pay for everything and get away with nothing!

Oh, and I almost forgot: our landlord has a building administration consulting firm together with his son!

 

[estebandepraga]

I am a landlord My renter pays ABL and expensas ordinarias. We have a major extra expensas over the next 6 mths which I will pay about $80,000pesos per owner. OUCH! I even gave my tenant a small decrease in her rent as they are great renters, never ever bother me and fix all themselves and I never see a bill! So such tenants are hard to come by and I realise this!

 

[nikad]

The ABL is usually paid by the Landlord in BA City.

not true, sorry.