Rent Contract Rescission - Is A Penalty Always Included?

[BaltRochGirl]

If you are the one terminating the contract early it's common in all types of contracts to have some penalty. You can attempt to negotiate it but you are at a disadvantage as you already agreed to it.

 

[ElQueso]

Yeah sorry, Serafina, as andesmandes mentions, it's part of the law. It wouldn't even have mattered if that part wasn't in the contract you signed - it's part of the rental law (and has been ever since I've been here) and there's no way you can escape it. So take heart, that even if you hadn't signed such a thing, you wouldn't have had any choice as anything that is already defined in the national law cannot be overwritten or ignored whether you and the owner agree to it or not, as far as what is actionable later.

 

[mjohnstone]

Bear in mind that as of Aug 1, the Código Civil has been replaced with the new "Código Civil y Comercial".
New terms and conditions are in place for temporary rentals: maximum length is now 3 months (Art. 1199 inc. B ) and if the contract is terminated before agreed date a 2 month penalty is due (Art. 1221 inc. B )

 

[Girino]

This is a standard 2 years contract. Any news for those?

Anyway, thanks to those who replied.

 

[andesmandes]

This is a standard 2 years contract. Any news for those?

Still the same. Only it is now under articulo 1221 a.

http://www.notarfor.com.ar/codigo-civil-comercial-unificado/articulo-1221.php

 

[lucha54]

I was under the impression that after 1 year, you get to leave without penalty as long as the notice is 90 days.

 

[Rich One]

Bear in mind that as of Aug 1, the Código Civil has been replaced with the new "Código Civil y Comercial".
New terms and conditions are in place for temporary rentals: maximum length is now 3 months (Art. 1199 inc. B ) and if the contract is terminated before agreed date a 2 month penalty is due (Art. 1221 inc. B )

No 6 moth temporary rentals any longer ? or stll an option?

 

[ElQueso]

I was under the impression that after 1 year, you get to leave without penalty as long as the notice is 90 days.

I can't remember the gradation of what you have to pay any more (under the "old" laws), but there was always a penalty for leaving early it seems. I think in the first year (but after 6 months! You had to stay at least 6 months) it was 2 months' rent, after 12 months and between 18 months it was 1 month rent, and the last 6 months was two weeks. Working from memory, that may not be 100% accurate. I don't think notice was ever as long as 90 days, in fact 30 days sticks in my mind.

Guess I haven't looked at my contracts in awhile to remember 100% for sure.

 

[Bajo_cero2]

The penalty is in the law.

 

[nikad]

[background=rgb(252, 252, 252)]There are exceptions to the law, in the event that you are having problems, unsolved by the landlord, that prevent you from using and enjoying the use of the property, you can send a legal letter to the landlord asking him to solve or fix whatever within 72 hs or so, and if not you reserve the right to terminate the agreement with no penalty. [/background]