Xmas Rental Nightmare - Advice Please - Where To From Here ?

[Juanito]

Howdy all,

I am still feeling absolutely livid but I will do my best to remain a bit calm and try to explain my situation...

I am coming up to 4 years here in Buenos Aires - and the first 3 years I rented in one place - with the landlord from hell - who illegally forced me to pay rent in dollars, never fixed a thing and forced me to pay for every repair and thing that needed to be done in what turned out to be a cockroach infested shithole... Great barrio but disaster building - and the worst landlord with the apartment considered to be the worst as well...

I got OUT of that nightmare about July/August this year - or at least I THOUGHT I had - nice furnished apartment here in Recoleta which we have been paying 6500 pesos a month for (sin garantia) and a signed contract and the agreement (verbal) that we could have it as long as we want (myself, my Argentine wife/partner and her daughter)...

NOW - tonight - less than a MONTH before Yule/xmas I am told (or my partner is told over the phone) that we have ''one month to get out'' - WHY? Apparently SHE has some pre-existing contract with some family who comes here every year - for only ONE MONTH mind you - and this is the apartment where they stay...

So - I, my wife and my adopted daughter - less than one month before xmas - we are supposed to go and live on the streets or what ????

I have lived in a lot of places - and in most of them the tenant who rents the apartment actually has SOME rights - what the fuck is it with Argentina ? Sorry in advance if I sound a bit angry/stressed/out of my mind...

I work - my partner works - its NOT easy to get days off - the last move was a nightmare and cost a fortune - this bitch (the landlord) has 20,000 pesos deposit of mine and has now gone back on her word (the ONLY reason I signed up for this place is she PROMISED ME we could continue to renew the 6 monthly contract ''forever'' if we wanted to...)

I am starting to think all sorts of nasty thoughts - but I DON'T want to risk my partner's situation either - I am not yet a citizen after 3 years or so going through the courts to get that sorted - 2000 dollars wasted on a ''lawyer'' who is a member of this site (I won't even START on that one lol) and now - after getting rid of that blood sucker I now have my partner representing me and acting as my lawyer and she has done better to move things along than the so-called lawyer (who took my money and did NOTHING for 3 years)...

Anyway - that is another story - the issue is I don't want to make it hard for my partner to rent the next place - until I am a citizen (still a few months away) I need to know that she can at least get another place without somehow being ''black balled'' - what are my options or do I just have to ''suck it up'' and move on and try in the next place (if I can even FIND one in one month at this time of the year) to get something in WRITING to say they WON'T screw me like this ?

Any guidance or advice or help greatly appreciated...

John.

 

[nikad]

Based on what you explained, you signed a 6 month lease back in July or August, so it should be good until the end of December. To cancel the contract she should have let you know 2 months in advance. Tell your tenant that you will go to AFIP and explain how she is faking a temp rental to avoid taxes with an unregistered contract,

 

[Juanito]

Wow - this sounds like something I could *really* use Nikad - after this experience I don't really think I want to stay here for much longer - but when I wake up later on today - when I go to the rental office with my wife - I will try this angle and explain to them what the landlord might be in for if she doesn't change her tune... At any rate, its an option... (i.e. something I could use to play for time if I need it - to find another place (hopefully here in Recoleta or close) that is suitable to move into asap or early in the new year at the latest... I and my wife are excellent tenants, we pay the rent on time and generally leave the place better than when we got there each time we leave. In 4 years in BA this is the second rental only - and the only reason I am looking at moving at all is because of the disgusting behaviour of the landlady - breaking the deal she made with me (even if only orally...)

 

[jackbower]

Wow. sorry to hear that. it sounds really messed up. especially during the holidays. but if you have a signed contract i dont think they can kick you out until the contract is up. as to these " promises " of being able to rent an apartment " forever ". Come on, how nieve can one be. like they like to say here in Argentina, las palabras se las lleva el viento. Get everything in writing because you can then have a legally binding claim. you cant very well go to court and tell the judge " but, but, she promised ". id take the contract to a lawyer and ask him what your legal rights are then take it from there. good luck.

 

[sleazemerchant]

Simply refuse to vacate the apartment. You are living in the apartment with what I assume to be a minor child; the owner will have to initiate a "juicio de desalojo" which will take AT LEAST two years to run it's course. During the course of the legal proceedings the landlord will have no legal way to evict you from the apartment; in addition, you will be given an opportunity to prove that you are paying fair market value in rent and the judge may order the landlord to keep renting you the apartment.

 

[garryl]

first calm down and do not do anything you might regret later. second, verbal agreement means nothing.
you could have said that you wanted to rent for 10 years and you quit after one year. so only blame the bitch
landlord for what she is wrong, you have a written lease and she needs to tell you earlier.
that's it. good luck. as long as you paid your rent and have a written lease, it's not easy for her to kick you out

 

[Somewhereinba]

I would just not move out. Play hard ball.

Speaking of renting, can people please give me a rough idea on the fair price increase in % for leasing/renting long term (2 years), we are looking to renew our contract next month. Would be good to know what price to expect so we can look for other things.

 

[mmoon]

I agree…don't leave. I don't know the exact current laws, but I do know it's hard to get people out of an apartment in BA once they are residing there. Clearly it was a mistake to rely on any kind of oral agreement, but since you do have a signed contract, you do have legal standing. There's no way you can be kicked out in a month. Hold your ground and let the holidays pass. Then, renegotiate and get it all in writing if you want to stay there.

 

[Gringoboy]

Hang on a sec..
You have a signed contract without a guarantor, a verbal agreement on the rental time scale and the landlady has $20,000 of your money?
And now this landlady is telling you to sling your hook?
You also say that an Argentine lawyer, who is a member of this forum, has taken USD2000 from you and done nothing for three years.
Is this correct?

 

[Dublin2BuenosAires]

Sit tight, calm down, and importantly don't publicise too much of your private business here. Also, tread carefully calling lawyers online !