Portenos Keep Deposits

[AlexfromLA]

Very good advice. Going the legal route is always the best solution in my opinion. My guess is the owner would rather give back a deposit instead of calling the police and having possible squatters and legal problems.

the law does allow, though you have to allow time for it, that you not leave the apartment until the landlord returns your deposit. That means you have to stay in the apartment, not leave, and if they call the police, tell them there is a rental dispute, the law favors tenants and the cops will tell the landlord to take it to court. If they have another renter who needs to move in, you staying means they'll have to return it to turn it over. Good luck...

 

[French jurist]

the law does allow, though you have to allow time for it, that you not leave the apartment until the landlord returns your deposit. That means you have to stay in the apartment, not leave, and if they call the police, tell them there is a rental dispute, the law favors tenants and the cops will tell the landlord to take it to court. If they have another renter who needs to move in, you staying means they'll have to return it to turn it over. Good luck...

Maybe are you right but I am a bit doubtful about this (source ?).
First, most of the contracts specify how & when the deposit is given back (contracts work as a law between the dueno and the inquilino).
In fact, if the rental contract expires and you stay, you might be asked to pay an indemnization.

I believe the main law that concerns rents is this one :
http://www.infoleg.gov.ar/infolegInternet/anexos/25000-29999/27287/texact.htm

I never read it before but a few points are quite interesting (caution : this only applies to regular 2 years rentals) :
- Deposits shouldn't be more than 1 month per annum.
- For increases, the percentage should mainly be the one indicated by INDEC
- Articulo 4 (this I didn't know, unless I misunderstand) : deposits should be given back after they are reajusted following the same percentage used above. That's quite interesting if I'm correct, because usually owners ask for the renter to add money to the deposit if the rental fees are raised, and usually gives back the deposit with no indexation at all. Well that's odd and I may misunderstand.


Well anyway, for foreigners the main danger is to get scr*w*d not knowing his rights.
The main danger as I see it, if the contract says the deposit is to be given back within two months after you leave (those two months are usually helpful for the owner to check if all the bills have been paid), is for the renter not to get a signed paper from the owner, when giving back the keys, stating that everything is in order.
If such a document is not signed, the owner has all freedom to say that the appartment was damaged and the renter only has his eyes to cry.

Furthermore, as stated in the other thread about the young couple who was about to get robbed, renters need to know how to make the right threats if problems arise (like asking for an escribano publico, etc...).

 

[citygirl]

AlexfromLA - yes, I also have offered all my landlords references as well from previous apts. None of them have ever taken me up on it though. Apparently I don't look like the wild, party animal type

There is certainly a subset of terrible landlords that prey on (usually young) foreigners with the assumption that they have to leave so they're not going to be able to fight it. If you are in doubt, I would check out early (at least first thing that morning if you have an evening flight) and if you're not fluent/comfortable arguing in Spanish, have a local friend come over to assist you on your behalf.

I would never advocate overstaying or taking something (as suggested in another thread) but sometimes pushing back is necessary. A calm suggestion that you will call the police and/or AFIP will probably be more than enough to convince the landlord that you are serious and it's not worth it to fight you.

 

[AlexfromLA]

There is also a subset of terrible tenants ( usually young ) that abuse properties because they are in a foreign country and on vacation.

And you are correct French Jurist. There is a clause in the contract that states there is a daily indemnization if a client overstays beyond what is stipulated in the rental contract. But there is also a clause right above it that states that the damage deposit will be returned in full if all of the stipulations in the contract have been met.

 

[Katser]

My OH and I were very worried about this. Never met our landlord at all and in Ireland it is the norm to never get all your deposit back. They ALWAYS find something to screw you with. In all my years renting in Dublin I only got my deposit back in full once. So we had pretty much written our deposit money off here too!

But on the morning we left our cleaning lady showed up with all the money!

So don't panic just yet.

 

[billsfan]

Glad that I'm not alone in the "fight for your rights" suggestion.

And to be honest, there were a couple of recent threads regarding this subject (how evil porteños are and that nobody should rent from them)... so I have the right to think SOMEBODY is just trying to make an argument to get expats to rent from him (an expat) instead.

And no, I don't own an apt nor I am related to anyone looking for tenants.

 

[RogueTango]

Might it be an idea to just not pay the last months rent? or would that cause all kinds of other trouble... I had to do that in my last apartment in NY , but that was because I really didnt have the money to both pay rent and move. If you present it that wy, not in a devious way, then they would rather allow you to keep your money and move than be stuck with a tenant who doesn't pay... just a thought. I don't know how well that would work here.

 

[citygirl]

There is also a subset of terrible tenants ( usually young ) that abuse properties because they are in a foreign country and on vacation.

Absolutely agree - as I mentioned in another thread, I have been appalled at how some tenants treat apartments. My friend goes above and beyond for his tenants. In one case, he did a late check-out as the people were leaving at 5 a.m. for the airport so he did the check-out the night before. When he arrived at the apartment at 10 the night before, it was a mess as they were packing but the people assured him that there were no damages. This is a very high-end apt and the tenants were a couple in their late 20s, early 30s - not kids, so he took them at their word. When we went back the next morning, he discovered they had gotten pen all over the leather couch, sheets had been ruined, they had gotten paint (or something) on the hard wood floors, broken glasses, etc.

It was a shame and was a nightmare to repair. Unfortunately because of this and other instances, he now is much more careful in checking the apt and not taking people at their word. Sad state of affairs.

Things get damaged but if you do something, replace or repair it. It's common courtesy. But a lot of people (tenants and landlords) don't do the right thing.

 

[AlexfromLA]

That is illegal. They can and will change the locks on you and with all the justification in the world. It is their property and they are entitled to require a damage deposit. If you don't like the terms and conditions, don't sign the contract and stay in a hotel or in an apartment that does not require a damage deposit.

It's shocking the things some people would try to get away with here.

Might it be an idea to just not pay the last months rent? or would that cause all kinds of other trouble..

 

[French jurist]

That is illegal. They can and will change the locks on you and with all the justification in the world. It is their property and they are entitled to require a damage deposit. If you don't like the terms and conditions, don't sign the contract and stay in a hotel or in an apartment that does not require a damage deposit.

It's shocking the things some people would try to get away with here.

While I do agree it would be illegal (anyway I don't recommend doing that), changing the locks would imply entering illegally the domicilio.
Domicilio and its protection against unwelcomed intruders is highly protected here (art 18 of the Constitution, arts 150-152 Penal Code).
Therefore by doing so the LL would face penal charges while the inquilino would face civil ones.