Seeking Advise From Senior Ba Expats

[glasgowjohn]

offer him half of the commission....

 

[citygirl]

He's the one that is by far at the bigger risk. I can't think of a single reason to go through an agent. If you are really worried, you could draft up a contract and send it to him and he could sign/send it back.

 

[nikad]

Yes, Here you have a model for a contract extension ( prorroga ), you both sign it up and you are good to go. It can be extended up to 10 years. Sign two copies, send them to him, ask him to sign and return one. Listo.

http://www.taringa.net/post/economia-negocios/15124180/Modelo-Prorroga-Contrato-Locacion-Inmueble.html

 

[ben]

Not sure why earlier comment didn't get through, revised to remove naughty words.
Pretty much agree with what everyone wrote here.

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All in all, mckenna is right about contracts existing for a reason. However, from ceviche's POV and knowing the reality of the real estate situation here, in the event of a falling out the owner would have a lot more to lose than the tenant.

Mckenna's points are great examples of my point:
(again - DO NOT act on my advise without checking this with someone who knows more than I do. When it comes to travel I basically know my [EDITED TO READ: stuff], here I'm just spitballing. END DISCLMAIMER.)

1) change the layout of the property - it is my understanding that as a de facto tenant, without a contract, the tenant can legally preclude the owner from doing a lot of things, including anything that results in eviction from a practical standpoint. From that angle the contract is simply unnecessary.

2) owner jacks up prices - and ceviche stops paying altogether. You bring your lawyers, I bring mine. Anybody the owner then consults (short of armed thugs) will advise him that it'll take a good couple of years until he sees the inside of his apartment again, and ceviche won't have paid a cent. And he'll have to pray that the place isn't trashed (remember homeinbuenosaires's saga?)

And you think a miser who wants to save a couple thousand bucks in legal fees is going to start dishing out for legal representation? And I also doubt the AFIP is seeing a big share of the rent, so one more lever to pull there.

No, it's the owner who either has a solid basis to trust ceviche, and/or is a bloody fool. There may be scenarios I haven't envisioned - see disclaimer above - but I really think ceviche has little to fear here.

 

[Ceviche]

Thanks everyone.

I am absolutely glad that I am a part of this helpful and "full of experience" community.

Thanks ! Thanks! Thanks!

Sergio, Thanks for your comments. I dont think the landlord is doing me a favor as he is also gaining a lot from having a tenant like me and considering his own circumstances.

Nikad, I will look up the format you wrote about. Can we do it signing and sending it online or it must be done via postal mail?

Ben, Citygirl, Rich one..thank you for your contributions.

Awaiting comments of the wise Graciela!

 

[cwo4uscgret]

If he's for the status quo without the realtor/agent involved just ask him to acknowledge, in an e-mail, that he's allowing you to live there under the worms of the previous lease. Any rent increases to be negotiated 90 days in advance or something like that...

 

[sergio]

If Nikad's idea works that could be the solution. If not and the renter wants a real estate agent involved, then the owner's terms should be accepted. The bottom line is that renting in Argentina is complicated for very real reasons. The owner does not seem unfair to me, nor should he be spoken of in offensive terms.

 

[GS_Dirtboy]

The real estate agent is there (supposedly) to protect the owner, not the tenant. If the owner trusts you to pay then (as most have said here) just keep on dancing. He has much more to lose than you and has offered to run the risk of you not paying and then squatting in his apartment.

My advice is to ditch the "contract" idea and just write up an agreement if you guys need to make sure all the points are clear; who is responsible for what, etc. If a contract is not executed in Argentina it is not valid anyway. However, if you have a dispute later the courts will look at all the evidence, including whatever agreement you have between you (think Judge Judy).

I highly recommend that the owner contact the agent and get his POA (poder) cancelled. That could mean problems for him - and then for you - at some point if it is floating around. It needs to be actively canceled by the owner. It doesn't just "expire."

GS

 

[nikad]

Thanks everyone.

I am absolutely glad that I am a part of this helpful and "full of experience" community.

Thanks ! Thanks! Thanks!

Sergio, Thanks for your comments. I dont think the landlord is doing me a favor as he is also gaining a lot from having a tenant like me and considering his own circumstances.

Nikad, I will look up the format you wrote about. Can we do it signing and sending it online or it must be done via postal mail?

Ben, Citygirl, Rich one..thank you for your contributions.

Awaiting comments of the wise Graciela!

Signatures as a general rule are only valid in original ( ink ) not on digital formats. But no need to rush it, just send it through a regular letter back and forth.

 

[UK Man]

We renew contracts yearly. After discussing the terms with our tenants we draft the new contract and have it signed and witnessed at our notary (who is a friend so doesn't charge). No agents are involved as they only add to the cost. As has been said although I'm no expert the law here almost always takes the tenants side even when they don't pay so it's in the interests of the landlord to do have a contract.
Have to say we choose our tenants carefully hence why we've not had any problems over the years but it's still wise to have an official contract.