Owner cancelling rental contract

[semigoodlookin]

I received a phone call today saying the owners of my apartment won’t be renewing the contract when the current one ends in November. That’s fine, of course.

My wife owns a house that we currently rent. The obvious solution would be to move into this house. However, is it possible for an owner to cancel a rental contract before the end of the term? The contract of the family in the house will end next April.

 

[gracielle]

I received a phone call today saying the owners of my apartment won’t be renewing the contract when the current one ends in November. That’s fine, of course.

My wife owns a house that we currently rent. The obvious solution would be to move into this house. However, is it possible for an owner to cancel a rental contract before the end of the term? The contract of the family in the house will end next April.

A property owner has the right not to renew a rental contract when the current one comes to an end. It applies to the US, ARG and in most other countries.

 

[cafeamericano]

This article says you as the owner can only cancel the contract for one of 3 reasons. Misuse (running a business in an apartment with a residential rental contract), abandonment by the renter and if they stop paying rent. So you cannot cancel the contract because you want to live there. Your only option would be to arrange a deal with the current renter, but given the pain of finding a new apartment in the quarantine and the fact they hold all the cards, they would likely either refuse or want you to pay them a bunch of money.

https://www.google.com/amp/s/www.iprofesional.com/legales/312569-como-rescindir-un-contrato-de-alquiler.amp

 

[London2Baires]

...and that's why you put mutual 'break clauses' in your lease agreement ahead of time.

Good luck!

 

[cafeamericano]

...and that's why you put mutual 'break clauses' in your lease agreement ahead of time.

Good luck!

Honest question: Would a clause like that have any legal standing given Argentine rent laws heavily favor the renter? Also would renters really be willing to sign something like that?

 

[London2Baires]

Honest question: Would a clause like that have any legal standing given Argentine rent laws heavily favor the renter? Also would renters really be willing to sign something like that?

That's an interesting question, whether it is enforceable legally as a contract term. You'd have to ask a specialist to get a good answer.

That said, I know of multiple instances where this has been done and agreed to in good faith on both sides, and then later has become very useful to impliment an early break as everyone knows where they stand (or to be pedantic, they know what each expects of the other).

That's not to say that litigating wouldn't 'favor' one outcome over an other of course, assuming the related time and effort wasn't a big enough opportunity cost; taking things to court here is often Kafka on steroids.

There are I'm sure other contractual frameworks which could also be used to avoid this sort of issue.

That's my 50 cents worth anyway, your milage will vary based on circumstances etc.

 

[BankNote]

Been fishing for apartments lately.

I am a good sensible adult person.

But often I am told, if you are menace for the building, we can throw you out? Is it that easy? No court process required? even if you have a 3 year lease with rent paid in time?

I assure all , I have no plan to be a menace to anyone. But am curious to know the legal answer.

 

[gracielle]

Been fishing for apartments lately.
I am a good sensible adult person.
But often I am told, if you are menace for the building, we can throw you out? Is it that easy? No court process required? even if you have a 3 year lease with rent paid in time?
I assure all , I have no plan to be a menace to anyone. But am curious to know the legal answer.

In CABA, evicting a tenant legally is very difficult....even if they are behind on the rent and bldg dues, is a nuisance to the neighbors, etc. The legal procedure must be initiated by the owner of the unit. It could take at least 3 years for a resolution and if they have minors or a disabled person living with them....who knows? A decent lawyer usually recommends that the owner pay the tenant off to abandon the premises. And then start proceedings against the guarantor(s) to collect back delinquent rent.

 

[Iznogud]

The only solution is to pay the renters to leave. Currently not the best of times to gamble on a cheap solution or a speedy one.
Courts will only make it worse, only lawyers win.

Start looking for a (sui generis) temp rental, maybe?
Must be a few opportunities out there. Those who left in a hurry, those who never made it to BA... Vacant places everywhere.

Iz

 

[jeff1234]

At this moment you are guessing that your tennant won't want to leave. Perhaps they are having difficulty paying the rent or maybe want to relocate elsewhere.