New rental contracts: details of how they are agreed and what terms

gracielle

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17 January 2024 by Jose Luis Cieri
New rental contracts: the details of how they are agreed and what terms and types of adjustments are being used. The deregulation of the market, after the DNU that repealed the law, each agreement is unique and owners and tenants can agree on the conditions....

Excerpt....
Since the options are so diverse, they can be made with different clauses that are established by mutual agreement between owners and tenants with the intermediation of real estate agencies. The DNU introduced various reforms to the real estate leasing regime, including modifications to the early termination regime of rental contracts for housing (article 1221 of the CCyC).

Following the modifications, the tenant is given the possibility of terminating the contract at any time. However, this action entails payment to the landlord of 10% of the future rent, that is, the unearned portion of the rent. To calculate this payment, the period between the date of notification of termination and the agreed end date of the contract must be taken into account.

Contract Term : the term of housing rental contracts is agreed upon by the parties without a legal minimum. If the term is not specified in the contract, it will be two (2) years. Specialists suggest the formalization of contracts with a maximum duration of 2 years, since the uncertainty about the economic outlook in the coming months hinders the ability of the parties to maintain a balanced contract in the midst of such volatile economic conditions.

Frequency of Adjustments : Freedom is granted to determine how often the contract will be updated, eliminating the previous semiannual minimum. However, there may be particular cases of months, 1 year or even shorter periods.

Currency and Payment Method: Clearly establish the currency and payment method, defining the conditions to avoid misunderstandings.

Advance Payments: Whether or not to accept the possibility of advance payments, enabling the owner to demand them, is crucial and must be of mutual agreement.

Guarantees and Deposits: Define how deposits are returned and updated, even considering dollar amounts beyond the contract currency.

Condition of the Property and Renovations: It is advisable to establish in advance the state of conservation of the property post contract, promoting a transparent relationship.

Use of the Property and Pets: Explain in the contract the conditions regarding the use of the property and the presence of pets.

Insurance: Define the contracting of policies, determine who pays for public services and establish civil liability for damages to third parties, ensuring clarity in the management of the property.
 
Addendum:
It is no longer necessary to register rental agreements with the Federal Administration of Public Revenues (AFIP).
Do you have a link or something in Spanish where it say no longer necessary to register rental agreements Thanks
 
Do you have a link or something in Spanish where it say no longer necessary to register rental agreements Thanks
You will find it in the text of the Infobae article dated 17 Jan 2024 which I posted above.
 
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