Rental Rights For Foreigners

[stephensonle]

Hi all,

A Turkish guy in my current apartment building wants to rent me his apartment-- but without a contract. He is the owner of the department (saw the paperwork) but does not have a DNI/residency/anything; he comes and goes on a tourist visa. He insists that a legal contract will do nothing to protect him (say if I take everything and leave the apartment empty) because he is not a resident. He is very, very firm in not wanting a contract.

This is baffling and troubling to me. My roommate suspects he may be trying to get around the 30% tax on rentals foreigners have to pay if they rent out their apartment and leave the country. (He is moving to Uruguay to start a restaurant.)

All I care about is having a legal document to show someone that I have permission to stay in the apartment. He strikes me as nice but naive about the system in Argentina. He says if he doesn't happen to rent it with me, no problem, he'll just leave the apartment empty while he's away.

Thoughts? Also, can someone quickly describe what the ABL is and how often it is paid? (monthly?)

Thanks very, very much!!
Lauren

 

[Rich One]

If you can rent in pesos , take it , if you are ordered to leave later so what, you can delay the eviction process for months..I rented for 8 years without a contract!!

Street Lights, Street Sweeping and Street Cleaning....ABL Alumbrado, Barrido, Limpieza. paid monthly , I pay $83 pesos

 

[Canick]

how long do you intend to rent the apt? if it's short term, and you have seen proof of his documents and ownership, i think you are ok. i have many friends who have rented without contract for years. having said that, the smart thing to do is get a lawyer's opinion. even a simple one sheet staing you are his guest and have the right to stay there (without putting money amounts in) may serve your needs and not be an issue for him.
if not, move on. lots of apts out there!!!

 

[rrptownley]

The guy wont get out of paying rental income tax. AFIP will flag the utility bills showing higher consumption thus occupation and if he is out of the country they will assume he is renting and automatically send him a tax invoice when he has to apply to them for permission to sell his property.

 

[stephensonle]

Thank you, all! Hopefully he'll give me a paper saying I have the right to stay.

 

[Rich One]

what most people do is go to the Nearest Libreria and buy a standard 2 page rental agreement, costs s few pesos. And sign this basic agreement and if both parties willing have it Notarized...!!

 

[la_guachita]

There is a bit more to the story. I'm the current roommie and I adore my roommie and don't want her to go, but don't blame her at all since he is renting his whole apartment at half the market price without a deposit. It's cheaper than her rent here (although she will have to get furniture and hook up internet, etc).

But the thing is that I took photos of the apartment twice (b/c the first time I could only catch him home at night and they didn't turn out well) put up ads for him all over the place and was going to rent it for him at market price since he has this learned helplessness thing and can't do it for himself. But he only wanted North Americans or Western Europeans because he's prejudice.

Three days after going to all this trouble (and I am really busy) he leaves the country saying he had to go for his mental health (he hates Argentina and Argentines) thus I did not have enough time to find a someone fitting his profile preference to rent it from him.

Meanwhile I go out of town, he comes back, and he offers the apartment cheap to my roommate (who I introduced him to) because he can't be bothered to put up an ad and find his own renter. Didn't talk to me about it or anything. Even though he considered us friends (which meant he came to my house to eat dinner, drink mate, and pick my brain about legal stuff, never reciprocating or even bringing a bottle of wine). He made my roommate, the author above, write me and tell me she's leaving instead of informing me himself.

So in my book, the guy is a cagador. And after I expressed my anger he attacked me saying I was a capitalist piece of shit (because I 'sacrifice privacy for rent' -- because I have to) when he has lived here for three-and-a-half years, doesn't work or study, has his mommie send him money and just sits there drinking whiskey and smoking like a Turk all day.

He is completely out of touch with reality and doesn't realize he is going to pay the tax when he sells regardless. Like I said, I don't blame my rommie but considering how he acted with me I think it is wise to consider any other eventualities because his moral compass is off and his grasp on reality is not too tight. Even his mother and sister contacted me via facebook several times asking me if he was alive because he never called home and they were worried.

He's a schister is the thing.