Just wanted to clear up a few things about a 2-year contract. I'm not exactly an expert, but I've now done two contracts in two different places, with two different owners and two different real estate companies. The exact details of a couple of items I can't remember off the top of my head (probably due to clutter!) but the generalities at first are more important.
Two year contracts are not available to only Argentinians. Even some Argentinians can't manage to rent a property, the poor and those without resources. If you meet the legal qualifications within the laws for renting, and the owner agrees to what you agree to within the laws, and whatever is in the actual contract you sign doesn't contradict anything in the laws, you can rent.
As to whether or not you have to be a resident or citizen to enforce the contract, I honestly don't know. I'd be surprised if that were true, unless the foreigner in question actually fled the country and then that would certainly complicate things. But a lawyer could answer that one better than me.
As far as I know, a guarantee is not a legal requirement, but a legally enforceable option that the large majority of property owners use to back up the contract. The law here related to people who occupy property that is not their own strongly favor the occupants over the owners. Particularly if the occupant involved is a family with any kids. It is really, really, really difficult to oust people occupying a property under most circumstances.
An exception to that is a property that is offered under a temporary contract, which cannot be more than than six months long (and problems arise with back-to-back temporary contracts), no matter what someone may sign. The laws are completely different between temporary and long term. It may still be difficult to oust someone from a temporary apartment (at least a foreigner - I don't know about Argentinos occupying a temporary apartment - many companies will not rent temporary apartments to Argentinos and maybe that's why), but it's easier and less time consuming.
Therefore, the guarantee is to keep the long term renter honest. And not just on occupying the property without paying, but also against damages and taking things that the apartment came with.
All that being said, there are owners who will rent without property guarantees.
Foreigners from North America, Europe, Japan, Australia, etc, are more trusted by the owners in some cases than Argentinians as renters and that can play in your favor. Some will take a huge deposit, maybe equal to the total 2 year's rent (the extreme end, perhaps). Some will take 6 months or a year. Some will take a two month deposit PLUS 6 months at a time, a year or even the entire contract up front.
The first place I lucked into that wasn't a temporary apartment was when an acquaintance had to return to the US before his two year contract was up. He'd paid the entire contract up front and was leaving ten months before the contract ended. He'd probably never see a dime of that money. So he sublet it to me (turns out that most contracts specify no subletting, but we both took a chance). I took good care of the place, the owner returned the guy's deposit at the end of the contract (though he was a little peeved, rightfully so, that we hadn't notified him of the change in occupation) and everyone ended up in good shape.
Most long term contracts nowadays spell out different rental amounts for the first year and the second year. It's usually a 20% inflation increase, but varies by owner and can be negotiable.
You will be penalized if you break a before the 2 year contract ends, not just within the first six months.
The penalties vary on when in the contract you do it. This is where I get a little hazy. I reviewed my contract and find it doesn't say what the penalty is in the first six months. It does say that in the first year the penalty is equal to one and one half month's rent. After the first year it's equal to one month's rent.
I thought if you cancelled a contract in the first six months the penalty was equal to the remainder of the first 6 months unpaid rent, but my wife says it's only two month's rent penalty period.
Almost always, if you are renting a property in Cap Fed, the owner requires a guarantee from a property in Cap Fed. But that's not 100% either.
I rented a house in a closed neighborhood a few years ago, and I had an Argentine friend who was extremely kind enough to guarantee my lease with an apartment he owned in Cordoba. The rental company I worked with didn't think we would find an owner willing to rent with property in Cordoba, but we found a nice place that we were very happy with those two years.
I have a friend who has never had to have a guarantee to rent long term. I envy him. He's currently in a building near the Recoleta cemetary. It's modern, has central air and heating and nice appliances.
He walks the neighborhoods, talks to porteros, finds out who has apartments for rent in their building and then talks to the owners. He's never in a hurry and always finds what he's looking for.
It took me a little less than two years renting temporary before I had gotten to the point where I had made enough contacts and friends to be able to rent long term. Others have done it quicker. That's the thing about living in Argentina - it's easier to get along if you integrate, at least to a certain extent. You need to find people who know people to get better deals on things like rentals.
Currently, my contract expired in April. I have a verbal agreement with the owner to continue to rent month-to-month, with an agreement on both sides to notify the other with a change of plans at least 60 days in advance. I'm comfortable, for the first time in 6 years living here, that I have decent living quarters covered for the time being, without worrying about where my next apartment is going to be
Two year contracts are not available to only Argentinians. Even some Argentinians can't manage to rent a property, the poor and those without resources. If you meet the legal qualifications within the laws for renting, and the owner agrees to what you agree to within the laws, and whatever is in the actual contract you sign doesn't contradict anything in the laws, you can rent.
As to whether or not you have to be a resident or citizen to enforce the contract, I honestly don't know. I'd be surprised if that were true, unless the foreigner in question actually fled the country and then that would certainly complicate things. But a lawyer could answer that one better than me.
As far as I know, a guarantee is not a legal requirement, but a legally enforceable option that the large majority of property owners use to back up the contract. The law here related to people who occupy property that is not their own strongly favor the occupants over the owners. Particularly if the occupant involved is a family with any kids. It is really, really, really difficult to oust people occupying a property under most circumstances.
An exception to that is a property that is offered under a temporary contract, which cannot be more than than six months long (and problems arise with back-to-back temporary contracts), no matter what someone may sign. The laws are completely different between temporary and long term. It may still be difficult to oust someone from a temporary apartment (at least a foreigner - I don't know about Argentinos occupying a temporary apartment - many companies will not rent temporary apartments to Argentinos and maybe that's why), but it's easier and less time consuming.
Therefore, the guarantee is to keep the long term renter honest. And not just on occupying the property without paying, but also against damages and taking things that the apartment came with.
All that being said, there are owners who will rent without property guarantees.
Foreigners from North America, Europe, Japan, Australia, etc, are more trusted by the owners in some cases than Argentinians as renters and that can play in your favor. Some will take a huge deposit, maybe equal to the total 2 year's rent (the extreme end, perhaps). Some will take 6 months or a year. Some will take a two month deposit PLUS 6 months at a time, a year or even the entire contract up front.
The first place I lucked into that wasn't a temporary apartment was when an acquaintance had to return to the US before his two year contract was up. He'd paid the entire contract up front and was leaving ten months before the contract ended. He'd probably never see a dime of that money. So he sublet it to me (turns out that most contracts specify no subletting, but we both took a chance). I took good care of the place, the owner returned the guy's deposit at the end of the contract (though he was a little peeved, rightfully so, that we hadn't notified him of the change in occupation) and everyone ended up in good shape.
Most long term contracts nowadays spell out different rental amounts for the first year and the second year. It's usually a 20% inflation increase, but varies by owner and can be negotiable.
You will be penalized if you break a before the 2 year contract ends, not just within the first six months.
The penalties vary on when in the contract you do it. This is where I get a little hazy. I reviewed my contract and find it doesn't say what the penalty is in the first six months. It does say that in the first year the penalty is equal to one and one half month's rent. After the first year it's equal to one month's rent.
I thought if you cancelled a contract in the first six months the penalty was equal to the remainder of the first 6 months unpaid rent, but my wife says it's only two month's rent penalty period.
Almost always, if you are renting a property in Cap Fed, the owner requires a guarantee from a property in Cap Fed. But that's not 100% either.
I rented a house in a closed neighborhood a few years ago, and I had an Argentine friend who was extremely kind enough to guarantee my lease with an apartment he owned in Cordoba. The rental company I worked with didn't think we would find an owner willing to rent with property in Cordoba, but we found a nice place that we were very happy with those two years.
I have a friend who has never had to have a guarantee to rent long term. I envy him. He's currently in a building near the Recoleta cemetary. It's modern, has central air and heating and nice appliances.
He walks the neighborhoods, talks to porteros, finds out who has apartments for rent in their building and then talks to the owners. He's never in a hurry and always finds what he's looking for.
It took me a little less than two years renting temporary before I had gotten to the point where I had made enough contacts and friends to be able to rent long term. Others have done it quicker. That's the thing about living in Argentina - it's easier to get along if you integrate, at least to a certain extent. You need to find people who know people to get better deals on things like rentals.
Currently, my contract expired in April. I have a verbal agreement with the owner to continue to rent month-to-month, with an agreement on both sides to notify the other with a change of plans at least 60 days in advance. I'm comfortable, for the first time in 6 years living here, that I have decent living quarters covered for the time being, without worrying about where my next apartment is going to be