Why Pay Rent?

[gracielle]

[background=rgb(252, 252, 252)]So, what if the guarantor is just as lazy and non-paying? ..[/background][background=rgb(252, 252, 252)].Owner is up sh****'s creek without a paddle.[/background]

[background=rgb(252, 252, 252)]Does having a guarantor make the collecting and evicting any easier? [/background][background=rgb(252, 252, 252)]Makes no difference at all...read Nikad's comments.[/background]

[background=rgb(252, 252, 252)]They must be friends or related with the tenant for some reason? [/background][background=rgb(252, 252, 252)]NO....his name must be on the title of property, prospective tenant must pay fee to confirm that there are no liens on guarantor's property and that said property is not registered as a "bien de familia". [/background]

[background=rgb(252, 252, 252)]"[/background]Esta entrada corresponde a la normativa anterior a la vigencia del nuevo Código Civil y Comercial argentino 2015, que ha sustituido el bien de familia por la protección de la vivienda en general aunque pertenezca a una sola persona sin familia. ver artículos 244 y siguientes del nuevo texto legal."

Lee todo en: Bien de familia | La guía de Derecho http://derecho.laguia2000.com/derecho-de-familia/bien-de-familia#ixzz4CEKpUMXS

 

[ben]

So, what if the guarantor is just as lazy and non-paying? They must be friends or related with the tenant for some reason? Does having a guarantor make the collecting and evicting any easier?

In theory, the guarantor has a strong interest in the contract being honoured, or it's their property on the line. If nikad's comments are correct though, there are various avenues to ensure that they will not, in fact, forfeit the property.

Not sure she's right, though. If signing as a guarantor creates a lien on the property (does it?), could not the assets then be seized regardless of their current ownership? In which case the buyer would have to claim it back from the original guarantor.

Is such a lien in fact created, and is it discoverable by a prospective buyer? Would love to hear from someone who knows how this works here.

 

[nikad]

So, what if the guarantor is just as lazy and non-paying? They must be friends or related with the tenant for some reason? Does having a guarantor make the collecting and evicting any easier?

They garnish his wage or put a lien on his property really fast. Usually the guarantor has to be a direct relative.

 

[nikad]

In theory, the guarantor has a strong interest in the contract being honoured, or it's their property on the line. If nikad's comments are correct though, there are various avenues to ensure that they will not, in fact, forfeit the property.

Not sure she's right, though. If signing as a guarantor creates a lien on the property (does it?), could not the assets then be seized regardless of their current ownership? In which case the buyer would have to claim it back from the original guarantor.

Is such a lien in fact created, and is it discoverable by a prospective buyer? Would love to hear from someone who knows how this works here.

The lien is put once / if the tenant stops paying, not at the time of contract signing. This is why the fact that the guarantor just owns a property is not enough most of the time to become a solid garantia.

 

[nikad]

One Buenos Aires landlord burned his rental house down in order to get rid of deadbeat tenants. I relate to what you´re saying re the lawyers, ec. being unable to
help. I´ve won a court case against my deadbeat tenant, then I won 2 appeals. My lawyer told me my tenant would be put into bankruptcy in 2015. It hasn´t happened yet.

This was a very bad idea, those tenants if they really wanted to or were approached by a good lawyer, could sue the landlord for damages, murder attempt and all kinds of stuff... This is not a good strategy.

 

[nikad]

PaulBee, what is your current situation, if you don't mind me asking? Do send me a PM if you want to.

 

[gracielle]

Nikad.....
[background=rgb(252, 252, 252)]They garnish his wage or put a lien on his property really fast. Usually the guarantor has to be a direct relative.[/background]

[background=rgb(252, 252, 252)]The owner can insist that that guarantor be a direct relative. But there is no law of the Civil Code that states this is a legal requirement. El Queso wrote an interesting post a while ago that the guarantor(s) of the properties he has rented over the years have been close friends as he has no family here.[/background]

 

[PaulBee]

Just a question is it difficult to rent in Buenos Aires especially with a dog? I can get a guarantee from my family in America if that's what you need. I am looking to pay $2.000 USD/month with utilities (electric, gas, water, trash, internet, and option for satellite tv) included in a good neighborhood like Palermo. I have one dog who's a 33 kg neutered/castrated male Briard (French Sheepdog) who's never caused any problems even in 5 star European hotels. I'd like it to be around ideally at least 100 square metres with a patio/backyard or rooftop terrace and fully furnished. Is this possible? Also are long term leases available? I don't want to move after just a year.

The main thing is to have a guarantor with real estate in Capital Federal. I don´t think the other issues will be a problem.

 

[PaulBee]

PaulBee, what is your current situation, if you don't mind me asking? Do send me a PM if you want to.

My lawyer estimated the tenant´s company would be put into bankruptcy in February 2015, but that
hasn´t been done yet. I was told the tenant would probably want to avoid that as he could face
criminal charges.

The tenant has real property as a guarantee, but nothing´s been done about that the last I heard.

The tenant is a company with seemingly few assets. The director rented my property which was
occupied by another company he directs (which is a going concern). So, after nearly 4 years,
I´ve not received one peso of the money owing. A shell game, it appears.

By making it easy for tenants to default on rent, the laws make it harder for legitimate tenants
to find a property to rent.

 

[nikad]

Nikad.....
[background=rgb(252, 252, 252)]They garnish his wage or put a lien on his property really fast. Usually the guarantor has to be a direct relative.[/background]

[background=rgb(252, 252, 252)]The owner can insist that that guarantor be a direct relative. But there is no law of the Civil Code that states this is a legal requirement. El Queso wrote an interesting post a while ago that the guarantor(s) of the properties he has rented over the years have been close friends as he has no family here.[/background]

Of course there is no law, but since it is a private contract, the landlord - or realtor - will screen through tenants until he finds whoever has the best guarantor, and I can assure you that a direct relative, who owns property and has a good salary en blanco is the ideal candidate and if possible they will sign a contract with this tenant. I never said it was the law.