this long apartment hunt...any suggestions?

[LAtoBA]

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.

I didn't really want to jump in but.....Nikad is absolutely correct. Contracts do not generally mention or have early termination clauses (at least the ones we deal with). Why? Because the "Duration" of the lease is explicitly stated in great bold letters at the very beginning of the contract, a legally binding document.

Also Nikad touched on something very important. A damage/security deposit is to ensure the lessor will be reimbursed by the lessee in the event of damages. It is not to be used as last month's rent or for early termination. At the most security deposits are equal to one month's rent. That is hardly recourse for the opportunity cost associated with trying to find another tenant for the hypothetical 3, 6 , or 9 months that is left on said lease. It's not as easy as one thinks.

While someone has suggested this is not such a big deal, it does impact others in their search. In this very thread the user ellbee recently posted on the difficulties of finding and renting an apartment in Buenos Aires and that the owners have been asking her husband seemingly insignificant questions. I'd be willing to bet, part of the reason is the very thing being discussed in this thread. Once an owner has been "burned" they become overly cautious and nosey, and perhaps with good reason? That you can pay is only part of the equation. That you plan on staying is another.

Also temporary rental contracts can be longer than 6 months.

Robinson seems like a good guy and I'm not judging him, he may have his reasons. I just thought I would try and clarify some things. By the way better to be up front in the beginning about how long you're planning to stay. The discount between a year and two year lease isn't necessarily that significant (at least for furnished apartments). Most owners already have an idea of how low they are willing to rent, regardless of lease term.

Good luck.

 

[citygirl]

Also temporary rental contracts can be longer than 6 months.

Actually they can't. The legal limit for a contract for a "tourist apt" is 6 months (renewable of course).

Plazo: No existe un plazo mínimo para este tipo de alquileres. En cambio la ley dice que cuando el plazo supere los seis (6) meses, se presumirá que el contrato no es con fines de turismo.

 

[LAtoBA]

Actually they can't. The legal limit for a contract for a "tourist apt" is 6 months (renewable of course).

Plazo: No existe un plazo mínimo para este tipo de alquileres. En cambio la ley dice que cuando el plazo supere los seis (6) meses, se presumirá que el contrato no es con fines de turismo.

I've never heard of a tourist apartment. I used the word temporary which wasn't the right word either. What I meant was that rental agencies and owners do draw up contracts longer than 6 months for furnished apartments (agencies that typically deal with short-term leases but can also deal with long-term i.e., longer than six months). Typically the client is a student or working in Buenos Aires. In the case of Robinson I believe his girlfriend has residency here and working here. Can't remember.

Cheers

 

[RobinsonGO]

Yes, She is from BA and working.

I've never heard of a tourist apartment. I used the word temporary which wasn't the right word either. What I meant was that rental agencies and owners do draw up contracts longer than 6 months for furnished apartments (agencies that typically deal with short-term leases but can also deal with long-term i.e., longer than six months). Typically the client is a student or working in Buenos Aires. In the case of Robinson I believe his girlfriend has residency here and working here. Can't remember.

Cheers

 

[TrevorCito]

LATOBA and Steve, you need to spend more time between the sheets (not necessarily together) rather than over intellectualising... you're in Latin America for gods sake.... enjoy a little.

 

[mini]

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).

Wrong again my dear! My DNI "in process". This is well within the law. When will the process end? Who knows!?

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!

It's not necessarily that "easy" if you don't fit the mold. As I've said before we are waiting to see a federal judge to fix my name "problem".

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.

The issue is with a rental contract where you accused the OP of "scamming" the landlord because he wasn't going to stay for the full 2 years and has nothing to do with my tramites which you also know little about.

Most regular 2 year contracts have a "get out early" clause* and as I and others have said if what is written/agreed upon is followed their is NO scam. We will probably not be here another 2 years, but we just signed another 2 year contact that basically says we can get out at any time, no penalties. We agreed this with the landlord and is perfectly legal.

 

[RobinsonGO]

ha, Hey Cito, you should turn on your private messages option. Saludos.

 

[TrevorCito]

ha, Hey Cito, you should turn on your private messages option. Saludos.

Done.... its enabled.

 

[citygirl]

Well, I'm not a broker but my brokers here have told me that a furnished, "temporary" rental contract can't legally exceed 6 months. Basically, you can either do temporary rentals for a period up to 6 months (usually furnished apts) or do a standard 2 year contract.

I know in my apt, the lawyer and broker told me the maximum legal contract was 6 months for a temporary apt. I've "renewed" (although I actually haven't signed a contract since my first one) 4x but the maximum temporary contract was 6 months. I believe if it's longer than 6 months, it's not legally a temporary rental and the tenant has different rights.