Warranty/guarantee Required For Leases In Argentina

datson2000

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Hi, I am about to start the process of securing a commercial lease in the city. I know the question of a 'warranty' or 'guarantee' will inevitably arise. My question is two-fold:

1) In the context of a lease in Argentina, how is a warranty/guarantee defined?

2) If a warranty/guarantee can not be provided, what other options do I have? I want to avoid a situation of having to pay out 2 years of rent in advance etc.

Thanks in advance for any help on this topic.
 
Buying a Seguro de Garantia for Tenants from a bank believe Banco Provincia y Supervielle can do see link below

http://www.supervielle.com.ar/Personas/Garantias_inquilinos/inquilinos/

Buying a Garantia Trucha/Fake from a shady company.
 
Thanks for the information. I read it and it has a limit of 15k p/m whereas my lease will be greater than 30k. I just reached out to the bank to see if another type of guarantee exists with them.

I may also have problems because it wants proof of income which may be possible using a simple offshore trust account however I definitely wont be able to prove local income as I am over here specifically for the purpose of opening a bar.
 
This is not a simple issue.

I don't believe there is any chance of a single bank here offering the sort of guarantee mentioned above to a foreigner, unless you have been here for quite awhile, have a long history with the bank, all residency stuff correct, etc. I would be seriously surprised (I've looked into it). Maybe at the levels of people who have so much money that it rarely seems to matter what country they are in, they can always make deals with banks through the pressure of their own weight from their home country (I actually know a couple of guys who do have that kind of pull, even here, at least with City Bank and through American Express).

You have to be a client of the bank. You have to have a DNI. You have to fit in one of the categories mentioned. I don't think banks, or other guarantor companies, will be the route you are looking for.

Rich One also mentioned buying a "fake guarantee" from a shady company. Not sure what he means by fake, as they would be real guarantees or they wouldn't work if they were fake (although there are people out there who will offer guarantees that won't work, take your money, and then shrug their shoulders sadly when it doesn't work out and laugh when you suggest they return the money, if you're not careful). But there are companies that arrange for you to have a guarantee with owners of properties who are looking to make a little money and offer their property as guarantees. This is not really 100% legal (maybe what Rich One meant?) but it is knowingly done.

I've been confronted with the near-term probability of having to leave my current apartment at the end of my 2 year lease and have been looking at this and found these guys as an example:

http://www.garantiaalquileres.com.ar/

I am not suggesting them as a source, simply because I haven't looked any further than their website. I don't know if this really works or not.

This whole guarantee thing has to do with the wonderful laws of this nation which are designed to protect the "poor and defenseless", but which actually do no such thing and in fact hamper business and residential accommodations. To me, it is one of the greatest banes of existence here.

The problem is that if someone stops paying rent, it is very, very difficult to get them out of a property legally. As far as I can tell, there is little difference between commercial leases and dwelling leases in this regard. The guarantee is "traditionally", literally, another property being put up as part of the lease contract (yes, the title of the guaranteeing property attached, with defined penalties, to the contract), to act as leverage for the owner renting his property to use if the renter doesn't comply with his contract. It is possible the owner of the property offering the guarantee could even lose his property for having guaranteed the rental contract.

This obviously makes it very difficult for someone to want to put up their property as a guarantee for someone they don't know, or don't know very well. Most garantias are preferred to be from CABA (or, in the zone where the rental is) and be familiar (i.e., the person who is guaranteeing is supposed to have some relation to the person renting so the person renting feels some need to not screw over the person guaranteeing as well, although I've heard of plenty of cases of family relations screwing each other over on these things anyway).

I've been lucky enough to not have had to have a familiar relation in the garantias I've found, and twice the properties were not anywhere near CABA (one in Cordoba, the other in Mar del Plata). The last garantia I got was through the parents of the boyfriend of a friend of my wife's and I had to pay two months' rent for it. Now that the owners of the apartment we're currently renting are looking to sell the apartment I rented with that garantia, I am looking for a new one myself again.

As far as what defines the guarantee - nothing in particular is fixed. It is not any kind of law that requires a guarantee, but rather what practice has been mostly adopted to protect owners from rampant abuse of the legal system to get out of paying rent or paying for destroyed property. The inclusion of the title of another property (between owners, this is, not renters, you have to understand) in a rental contract has simply become the standard way that owners have found to protect themselves.

Some owners will accept far less than the value of the rent over the term of the contract, up front, in lieu of actual property, in the form of additional deposit. I was looking at renting a place not too long ago, for a verduleria, that would have allowed me to pay 4 months' deposit in lieu of a garantia. It all depends on what the owner is willing to accept, and often this has to do with the type of property, where it is, how much it's worth, etc.

BTW - an actual commercial lease is three years, not 2 years. Sorry if you were already aware of this, I just noticed you mentioning paying two years' rent up front, which coincidentally is the length of a long term residential rental agreement. Maybe the owner you were talking to would have accepted 2/3 of the entire rent instead of all three years, I was just making sure you understood the difference in terms between commercial and residential.

Beware that no matter what your rental contract says, there are national contracts which are predefined and you cannot make any agreement that is in contrary to the contracts predefined by law. The law here specifically states this, that you cannot agree to anything that would change the nationally-defined contract. You can add additional terms, to be sure, but nothing that reduces or contradicts what the current law states. The parts of a contract that you signed that don't agree with these predefined legal points are null and void. If you are renting a place as a commercial property and only have a 2-year contract, for example, the owner can turn around and make a claim that you still owe him another year on the contract after two years, which means that if you wanted to conclude the contract in two years, you would have to pay penalties for breaking the lease early (also defined in the law) and if you had a guarantee, the guarantor is on the hook for anything with which you don't comply.

This whole lease/guarantee thing (both residential and commercial) are to me one of the biggest things seriously hampering business and living in this country, and not to the benefit of anyone, particularly not to the poor and defenseless which are supposed to benefit from such things. Right along with the horrendous labor laws that put so much weight on the businesses, not to mention a host of other issues to live and do business here...
 
I'm not sure that the guarantee insanity applies to commercial leases.
 
If you have legal residency at an address in the city and either:
  • Have young children and 2-5 monthly incomes in the household totalling 9,400 - 23,500 pesos
  • Are a student below 25 years-old
  • Are below 35 years of age and earn between 4,700 and 9,400 pesos monthly
  • Work in black and below 35 years-old
Then check out Alquilar se puede. You could get a garantia and a loan.
 
I'm not sure that the guarantee insanity applies to commercial leases.
You may be correct about the laws behind the commercial lease versus a residential lease, as far as getting a non-paying business out. It may not take 2-3 years, but it still involves getting involved in the legal system and hoping for at least relatively swift justice if a commercial renter doesn't pay and doesn't leave. Again, I think that's going to depend on the property, location, size, etc. A big business moving into a big location is different than a couple of guys getting together and renting the place for a small store or something.

But out of three personal attempts to lease a commercial place over the last 5 years, 2 wouldn't budge from their requirement for a property guarantee and one wanted 4 months plus the deposit in lieu of garantia. Which is, indeed, better than the residential experience I've had, though still was an impediment to business for me.
 
BTW - an actual commercial lease is three years, not 2 years. Sorry if you were already aware of this, I just noticed you mentioning paying two years' rent up front, which coincidentally is the length of a long term residential rental agreement. Maybe the owner you were talking to would have accepted 2/3 of the entire rent instead of all three years, I was just making sure you understood the difference in terms between commercial and residential.

Actually with the new Código Civil y Comercial, in effect as of Aug 1, the minimum term for commercial leases has been reduced to 2 years (the same as residential contracts)
 
Thanks all for your help with this, ElQueso I especially feel your pain. Richard T, it looks like the link you provided is targeted more for low income or at risk tenants for personal property leases. Not sure a gringo trying to start a business would qualify for this program. Would be great though if it did!

I have a permanent address, DNI will be picked up tomorrow and a bank account will soon follow however my business history here is nil so not sure how successful I will be in obtaining any form of guarantee through a main street bank. A number of property brokers have mentioned guarantee's for commercial leases so ill prepare to negotiate for a larger deposit upfront.
 
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