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How can you negotiate better terms in a rental agreement? - La Nacion Propiedades
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¿Cómo se pueden negociar mejores condiciones en un contrato de alquiler?
Antes de pactar cualquier acuerdo es importante tener en cuenta que es lo que hay que saber en la negociación
www.lanacion.com.ar
July 28, 2025
Before agreeing to any agreement, it is important to keep in mind what you need to know in the negotiation.
New contracts are signed under contractual freedom between the parties and each agrees on the conditions. CrizzyStudio - Shutterstock
Signing a lease can be a stressful process if you don't fully understand the rights and obligations of both tenants and landlords.
Now, following the repeal of the rental law , contracts are agreed upon under the principle of contractual freedom , which grants tenants and landlords the autonomy to agree on terms, amounts, and other conditions. This new legal framework replaces the limits and mandatory adjustment formulas of the previous law.
The elimination of the restrictions imposed by the repealed regulation introduced significant changes to the market : updates can be agreed upon based on the index agreed upon by the parties, the currency of payment, and the duration of the contract.
With the repeal of the rental law, changes were introduced in the rental market.Daniel Basualdo
Therefore, the key is to prepare before sitting down at the negotiating table and to put the agreements reached in writing . Below are five essential questions for achieving a more balanced contract and protecting the interests of both parties, answered by attorneys Enrique Abatti and Enrique Abatti Jr., experts in real estate law.
1) What does the Civil and Commercial Code establish regarding the tenant's obligations?
The Civil and Commercial Code, in its articles 1205 to 1210, establishes the minimum framework of obligations that every lease agreement must respect. Abatti points out that, before closing an agreement, it is essential to understand that the tenant cannot change the agreed-upon use of the property , must keep it in good condition and undertake urgent repairs by notifying the owner , as well as comply with the payment of the lease fee —which includes rent and ancillary services such as expenses, property tax, or insurance—in a timely manner.At the end of the contract, the tenant is obligated to return the property in the same condition as it was received , excluding natural wear and tear, and provide the corresponding payment receipts. " This legal basis protects both the landlord and the tenant , setting clear limits that must be respected," the lawyer explains.
2) How can contractual freedom be leveraged to agree on adjustment rates and deadlines?
Analysts recommend defining in advance the index with which the rent will be adjusted (CPI, ICL, CAC, or another) and the frequency of the adjustment —whether quarterly, semiannually, or annually—and, to avoid discrepancies, agreeing that each year the value will be compared with the quotes of three real estate agencies: one designated by the tenant, another by the owner, and a third agreed upon by both parties. In this way, "both parties have a transparent mechanism to adapt the rent to market reality and preserve the economic balance of the contract."3) How does the supply of properties on the market influence negotiations?
Following the increase in property supply resulting from the elimination of the regulations, tenants gained negotiating power . "Today, those looking to rent can choose from multiple options and offer prepayment commitments—previously prohibited for housing—to get discounts," explains Abatti.This dynamic forces landlords to be flexible with terms (such as accepting several months' advance or adjusting the rent) if they want to close the deal quickly. With more options at their disposal, tenants have an advantageous position that should be taken advantage of when discussing price and payment methods .
Rental adjustments to lease agreements may be agreed between the parties.Daniel Karp
4) What are the most conflictive points and how can they be prevented?
Clauses regarding rent increases, security deposits, pet allowances, use of common areas, and liability for repairs often become the focus of disputes .To avoid misunderstandings, lawyers agree on the need to thoroughly document any agreement additional to the main contract. A recommended practice is to draw up a notarized certificate with certified photographs of the property's initial condition, which is then attached to the contract . This way, reliable evidence will be available in case of disagreements regarding damages or modifications.
5) What recommendations should tenants and owners follow before signing?
Verifying the owner's legitimacy, requiring a title deed or a power of attorney in the case of representatives, is the first step every tenant must take.In addition, it's a good idea to review the co-ownership regulations and the latest expense statements to understand in advance the costs that could be incurred under the contract.
According to the specialist, "Article 1188 of the Civil and Commercial Code requires that contracts, extensions, and modifications be in writing ," so verbal agreements aren't enough : every clause, no matter how minor it may seem, must be included in the document. This minimizes the risk of procedural chicanery and strengthens the legal security of both parties.
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