Paying Rent In US Dollars

[sesamosinsal]

Landlords can demand Mexican gold pesos, moonstones, slaves, camels - read your contract, that's what counts. If it says payment in myrrha and chicken feet, that's what you must pay, if it says either $ or pesos, then pesos it is.

Well, I hate conflict, so I'd probably pay in dollars. As Reina said, it's not too complicated to go do it. However, the law seems to indicate that forcing payment in any other currency other than pesos is illegal. I know... laws shmaws.

If the OP wanted to be tough, she could bring up the law and maybe just throw in the word "AFIP" somewhere along the lines. The other alternative would be to pay the landlord using the worst "venta" rate (presently 4.13) so that he can buy the dollars.

My advice--again--would be to avoid the drama and buy the dollars.

 

[jp]

Landlords can demand Mexican gold pesos, moonstones, slaves, camels - read your contract, that's what counts. If it says payment in myrrha and chicken feet, that's what you must pay, if it says either $ or pesos, then pesos it is.

They can demand anything, and you can sign anything - but that doesn't make the contract legally enforceable. If you stop paying gold bullion or chicken feet, the landlord will lack legal redress and will be unable to force you to honour the terms of the contract. I'd be curious if they could go after your garantia in the event of non payment as well, if the contract is based on non-legal tender...

 

[TheBlackHand]

If you cannot honor the terms of the agreement, then the agreement is null and void and the owner can simply ask you to leave. But why not just simply honor your contractual agreement or was it signed under duress ? And if you can't, simply find another apartment where the owner has no problem accepting whatever it is you want to pay him.

The return of the security deposit is contingent upon all the terms and clauses in the contract being met. If you do not honor those terms, you forfeit your deposit. Remember that.

 

[John.St]

They can demand anything, and you can sign anything - but that doesn't make the contract legally enforceable. If you stop paying gold bullion or chicken feet, the landlord will lack legal redress and will be unable to force you to honour the terms of the contract. I'd be curious if they could go after your garantia in the event of non payment as well, if the contract is based on non-legal tender...

I am not sufficiently versed in Argentino contract laws to state for certain whether e.g. payment in e.g. camels are enforceable or not, but in many countries contracts override conventions (but of course not laws) and allow payment in anything the two parties agree on, in which case it is forceable.

I know from e.g. porteros and señoras de mucama, that payment can be made in e.g. work, i.e. not legal tender.

My contract says:
CUARTO: PRECIO: Las partes fijan de común acuerdo por esta locación el pago del canon mensual en la moneda de curso legal y forzoso. El LOCATARIO pagará un total por la siguiente locacion la suma de PESOS XXXXX ($ 99.999.-), pagadero de la siguiente forma: durante los veinticuatro meses abonara una cuota de alquiler mensual de PESOS YYYY ( $0.000.-).

QUINTO: PAGOS. El importe mensual del alquiler deberá abonarse por mes adelantado del 1 al 10 de cada mes en efectivo, sin necesidad de requerimiento de ninguna naturaleza.

 

[John.St]

Well, I hate conflict, so I'd probably pay in dollars. As Reina said, it's not too complicated to go do it..

I was asked (por favor, not demand) to pay the deposit in U$S and I did, but on the condition that pesos were converted at the sell, not buy cotization, each U$S some 5 or 6 centavos above buy exchange rate. In the case of deposit it is in my favor, as the contract states, that I shal have a refund in U$S when the time comes and the exchange rate probably is 5:1.

 

[PhilipDT]

I am not sufficiently versed in Argentino contract laws to state for certain whether e.g. payment in e.g. camels are enforceable or not, but in many countries contracts override conventions (but of course not laws) and allow payment in anything the two parties agree on, in which case it is forceable.

I know from e.g. porteros and señoras de mucama, that payment can be made in e.g. work, i.e. not legal tender.

My contract says:
CUARTO: PRECIO: Las partes fijan de común acuerdo por esta locación el pago del canon mensual en la moneda de curso legal y forzoso. El LOCATARIO pagará un total por la siguiente locacion la suma de PESOS XXXXX ($ 99.999.-), pagadero de la siguiente forma: durante los veinticuatro meses abonara una cuota de alquiler mensual de PESOS YYYY ( $0.000.-).

QUINTO: PAGOS. El importe mensual del alquiler deberá abonarse por mes adelantado del 1 al 10 de cada mes en efectivo, sin necesidad de requerimiento de ninguna naturaleza.

Well if the following, which was previously posted on the first page, is actually the law then it seems pretty clear that camels myrrh etc are not valid and a contract for them cannot be enforced.

"En todos los supuestos, los alquileres se establecerán en moneda de curso legal al momento de concertarse, será nula , sin perjuicio de la validez del contrato La cláusula por la cual se convenga el pago en moneda que no tenga curso legal . En este caso , el precio quedará sujeto a determinación judicial."

 

[PhilipDT]

I know from e.g. porteros and señoras de mucama, that payment can be made in e.g. work, i.e. not legal tender.

I would assume (don't pretend to know) that in these cases, assuming everything was being done by the book, that these people would be getting a salary (in pesos), having taxes paid on the gross and then having their rent (also in pesos) set equal to the net.

 

[John.St]

Well if the following, which was previously posted on the first page, is actually the law then it seems pretty clear that camels myrrh etc are not valid and a contract for them cannot be enforced.

You are absolutely right, camels are out of the question - darn, that would have been fun, not to mention nubian slaves or peacocks.

 

[John.St]

... assuming everything was being done by the book,

Jeeez, I love that sentence - gonna have it gold framed and hang it on my wall

 

[PhilipDT]

Jeeez, I love that sentence - gonna have it gold framed and hang it on my wall

What? Do you mean to tell me that is not a fair assumption? Don't ruin my innocence.