If you are renting as a foreigner in the city of Buenos Aires in 2026, you, the tenant, do not pay the realtor/estate agent commission, honoraries or administrative costs (whatever they call it)
Even for temporary furnished rents, "alquileres temporarios", "alquileres amoblados".BY LAW, the owner must pay these.
And this applies to all the ads you see for temporary furnished rentals on Facebook, Instagram, WhatsApp etc - so, yes, they are illegally charging you the commission!!!
WHAT THE LAW SAYS
In the City of Buenos Aires (CABA), the key term is "alquiler con destino habitacional": a housing rental.It simply means renting a place to live in, for any length of time, furnished or not.
If you're renting one as a private individual (not a company):
- The agent can't ask you for commission or "honorarios", or take them in any form
- They can't charge you management fees or fees for property reports ("informes") either
- The owner pays the commission, capped at 4.15% of the total contract value
- Every online ad an agent posts for a home rental must carry a notice saying so
Furnished or not: Civil Code, art. 1198 (official text): https://biblioteca.afip.gob.ar/dcp/LEY_C_026994_2014_10_01
THE "VACATION RENTAL" TRICK
The confusion (or the trick) comes from vacation rentals.They have their own law, and it's not clear whether the commission ban covers them.
So agents treat the fee as negotiable, and call furnished short-term rentals "temporario" to make them sound like vacation rentals.
But a vacation rental is exactly that: somewhere to stay while you're on vacation (not living).
To be a legal vacation rental in Buenos Aires, it must:
Be for tourists Last 3 months max Be registered with the City Show its registration number on every ad and bookingIf any of these is missing, it isn't a legal vacation rental.
If you're living there (for work, study, a move) or staying longer than 3 months, it's a housing rental (alquiler habitacional), and the owner pays the commission.
Vacation rental law (Ley 6255, arts. 2, 9 and 14): https://boletinoficial.buenosaires.gob.ar/normativaba/norma/501695
The City's vacation rental register: https://buenosaires.gob.ar/tramites/inscripcion-en-el-registro-de-alquileres-temporarios-turisticos
PAPERWORK DOESN'T CHANGE THAT
Calling it "temporary" or "vacation" in the contract changes nothing: the law looks at what the rental really is.Practices such as splitting a 1-year stay into four 3-month contracts is what Argentine law calls "fraude a la ley" (dodging the law), and the ban still applies.
Civil Code, arts. 12, 333 and 334 (official text): https://biblioteca.afip.gob.ar/dcp/LEY_C_026994_2014_10_01
THE "RENTAL LAW WAS SCRAPPED" LIE
Agents may also tell you the law around commission is gone because of the "derogación de la ley de alquileres": the 2023 presidential decree (DNU 70/2023) that scrapped the national rental law.That's simply bullshit, and another lie they tell you to get around the law they are breaking.
The decree covers the deal between you and the owner, things like:
- how long the contract lasts
- what currency you pay in
- the deposit
- how often the rent is adjusted for inflation
Now you and the owner can agree it freely.
The decree (Boletín Oficial): https://www.boletinoficial.gob.ar/detalleAviso/primera/298904/20231221
What it changed, explained by law firm Allende & Brea (in English): https://allende.com/en/corporate/amendments-to-the-argentine-civil-and-commercial-code-01-03-2024/
WHY THE "RENTAL LAW" DOESN'T APPLY TO COMMISSION
The decree doesn't touch the agent's commission or fees because they have nothing to do with the rent.They're part of a commercial relationship between a service provider (the agent) and their client, and the courts have confirmed the client is the owner, not you.
That relationship is still regulated by the City of Buenos Aires, so the ban on charging you commission still applies.
DON'T LET THEM TELL YOU OTHERWISE!
City's top court upholds the law, 2021 (ACIJ, a party to the case): https://acij.org.ar/la-ley-5-859-es...ben-pagar-comisiones-a-inmobiliarias-en-caba/
City ombudsman on the ban: https://defensoria.org.ar/archivo_noticias/prohibido-cobrarle-honorarios-o-comision-al-inquilino-a-de-vivienda/
WHY THEY GET AWAY WITH IT
Agents get away with charging commission on "temporary" rentals because most foreigners don't know the law.Now you do.
SO WHAT SHOULD YOU DO?
- Refuse to pay. Tell them in writing (WhatsApp or email) that you won't pay commission. They may refuse to rent to you or insist you pay, but if enough of us refuse, they'll lose business and have to rethink their illegitimate business model.
- Rent through Airbnb. It can look pricier, but once you add the agent's commission, the deposit and the expensas (monthly building fees), it often costs the same or less. And you skip the agent headaches.
- Report them. Ask for their licence number (matrícula): by law, it has to be on every document they sign. Then file a complaint with:
- CUCICBA, the agents' licensing body: https://cucicba.org.ar/matriculados/denuncia
- the IVC, the City body that enforces the ban: https://buenosaires.gob.ar/tramites/solicitud-de-denuncia-por-incumplimiento-de-la-ley-58592017
- No licence number? Report them anyway for working without one. You don't owe them a thing.
- Love the flat? Pay, then claim it back. Get an official invoice ("factura") in your name, and keep the ad, the messages and proof of payment. Then file a claim with the City ombudsman (Defensoría del Pueblo), within 3 years of paying to be safe. This site explains how: https://inmochantas.com/
Where to complain, June 2026 (Ámbito): https://www.ambito.com/real-estate/honorarios-disfrazados-y-comisiones-ilegales-como-algunas-inmobiliarias-burlan-la-ley-y-encarecen-el-alquiler-caba-n6286385
