this long apartment hunt...any suggestions?

[mini]

A lease is a contract. A contract means that you give someone your word. Unless otherwise specified, terminating a lease early may equal breach of contract.

And part of this contract should stipulate what happens if said contract is terminated early. We even have a thread on this.
http://baexpats.org/expat-life/14305-cost-breaking-lease.html

So, if the OP were to sign a two year contract then it would be up to them together to decide what is acceptable for early termination. As long as what is written in the contract is followed this is certainly NOT a breach of contract in any way shape or form and NO scam.

 

[starlucia]

If you sign a contract with no intention of honoring the terms you are committing a fraud.

No matter how you rationalize it or which finger you feel is being pointed at you.

If the lease stipulates that you will lose the deposit if you leave early, you are certainly entitled to do so.

But will you tell the lessor that is a possibility in advance?

You acknowledge you aren't going to stay here. Why make it more problematic for the rest of us?

Also... who lies to the face of some mom-or-pop owner by saying you'll stay longer than you will? It's like lying at a job interview and saying you'll stay for a year, when you really know you only plan to stick around for 4 months. Remember that this is Argentina, not Florida or California, where a bunch of greedy douches bought properties with the intent of renting them out at inflated prices. Some people are renting their homes as a primary source of income, and their plans depend on the terms of the contract. My friend's 77-year-old widowed mother was so strapped for cash that she rented out their family house for a year to an American at a VERY fair price, and used the income to pay for her own rooms in shared apts. elsewhere. The contract was for a year -- so, assuming that he really was staying for a year, she budgeted and planned accordingly. If he had never been serious about the contract, and halfway through said, "Eh, never mind, ciao," it would have been way more than a "minor inconvenience" to her. So yes, life plans do change, and sometimes leases must be broken (and for this there are breach of contract clauses), but to willfully deceive some owner from the start is just... creepy.

That said, there is some room to negotiate when dealing with private owners (through Solo Duenos, etc.) I know of several older apartment owners that were willing to lower the rent for foreigners in return for a lengthier contract (of about 1 year minimum.) $500 a month... probably not. But $650-700? Maybe.

 

[ellbee]

my husband and i have been searching for an apartment in BA for almost 3 months...
today, he went to see one (i am in SF at the moment) and they asked him several questions about his life. He didn't even see the apartment because the old lady who was renting it, wouldn't keep her mouth shut by asking him if he went to school, where do i live, where do i work, etc.

why does she need to know if he went to school or not? i mean, we are looking for an apartment! Its like being questioned by some CIA agent!
Its so frustrating looking for a place in Baires. I am sick and tired of the ridiculous things they ask. We have all the documents and the money for rent but then they give you such a lame excuse that since I am not a resident, my husband can't rent the apartment. He is a legal resident living and working there for many , many years.....i think that's more important than to ask a questions if he brushes his teeth in the morning, what does he eat for lunch, etc.
But then again, ellos son los que se tiran la soga al cuello...por que con esa actitud, el pais no va ni a la esquina.

 

[TrevorCito]

Perhaps you're missing integrity (as well as logic).

I like you Steve, you 'argumentum ad hominem' old dog you.

Your posts are quite entertaining and often informative. You've been around the traps and have something to say. I can respect that but please, if you really want to make a legal argument, be reasonable or at least comprehensible.... most of us aren't lawyers so lack the sharp mind needed to understand how RobinsonGO's cunning plan to terminate his lease early is an evil plot to break the law and scam a landlord. I for one lack opposable thumbs which may explain why i have always had trouble reading and understanding books.

So, if the OP were to sign a two year contract then it would be up to them together to decide what is acceptable for early termination. As long as what is written in the contract is followed this is certainly NOT a breach of contract in any way shape or form and NO scam.

Steve, please leave the legal commentary to the likes of mini, she makes sense.

It's just the truth.

ok, if you say so.

You acknowledge you aren't going to stay here. Why make it more problematic for the rest of us?

Because his REAL evil plan is to disrupt the rental market quantum and trigger a torrent of angry land lords who will flood Costa Atlantica through a tear in the space time continuum vaporising any expat seeking to terminate a lease early. Oh, the humanity!

 

[nikad]

Sorry, but in general contracts do not mention the owner keeping the deposit if the tenant terminates the contract earlier... they mention XX months rent if that happens during the first year and XX onwards. The deposit is for a whole different purpose ( damages, unpaid bills, etc ) so if a tenant leaves, lets say 6 months before the end of the contract, and leaves the place like a dump with a couple of unpaid bills, then he basically scamming the landlord.

 

[steveinbsas]

Steve, please leave the legal commentary to the likes of mini, she makes sense.

If you want to rely on mini's "legal and/or sensible commentary" that's fine with me, but if you read enough of her posts you will discover that she is also a scofflaw who has never bothered to get her DNI (required by law after receiving temporary residency).

 

[French jurist]

Because his REAL evil plan is to disrupt the rental market quantum and trigger a torrent of angry land lords who will flood Costa Atlantica through a tear in the space time continuum vaporising any expat seeking to terminate a lease early. Oh, the humanity!

Why do you think Steve recently changed his locks and reinforced his house ?!

 

[steveinbsas]

Why do you think Steve recently changed his locks and reinforced his house ?!

Good one FJ, but it's only a coincidence.

I occasionally forget to lock the kitchen door at night.

The dogs sleep in the kitchen and they go off if even a frog is outside the door.

No pasa nada.

I'm somewhat surprised that no one mentioned the garantia in this thread.

Why do they they exist for (most) two year leases?

Isn't it to prevent the "scammers" from renting apartments and avoiding the consequences of "breaking" the lease or engaging in other actions contrary to the terms of the original contract?

Perhaps mini can provide her "legal" and perhaps "sensible" opinion (just for TrevorCito's benefit).

 

[citygirl]

Steve - did you wake up on the wrong side of the bed? Mini didn't say she was giving a legal opinion. Not sure why you're attacking her, especially on not getting her DNI since she doesn't work here & isn't going to be a long-term resident.

She is however correct in stating that whatever the parties agree to for the terms of the contract is allowed. And many rental contracts do outline a penalty for breaking the lease early (usually a month rent/or forfeiting the deposit.)

And really, since the OP specified he was looking for a temporary apt which is a 6 month maximum lease, he isn't doing anything wrong.

 

[steveinbsas]

Mini is correct: anybody can agree to anything, including entering into an illegal contract. I was being sarcastic (like TrevorCito) when I suggested that the OP ask for mini's "legal" opinon which made "sense" to him.

In the OP RobinsonGo said he originally was looking for a two year lease but only planned to stay for 12 to 18 months.

Starlucia's post paints a clear picture of how this can negatively impact the lessor.

Mini may not plan on staying in Argentina, but that doesn't change the fact that getting a DNI is required by law after being granted temporary residency. It only costs 40 pesos and it's really easy!


One of the biggest problems of this country is that too many individuals do not think the laws apply to them. It's disgraceful when they are foreigners.

All temporary residents are required by law to get the DNI, no matter how long they plan to stay or how soon they plan to leave.

PS: As far as I'm concerned, there is no wrong side of the bed in Argentina, but that's an entirely different subject.