Real Estate News More extra requirements that tenants are asked to sign contracts

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More extra requirements that tenants are asked to sign contracts​

November 15, 2023

Rentals: There are more and more extra requirements that tenants are asked to sign contracts​

Experts address the new conditions in the rental market in Argentina, which go beyond the prohibition of pets or children. Advice and reflections on this complex situation.



Tenant groups report inquiries and complaints about demands considered “abusive” by owners and real estate agencies. It is becoming more and more expensive to sustain the costs of a home (Illustrative image Infobae)


The difficult reality that millions of Argentines face when they lack access to their own home worsens as the months go by. The persistent increases in rents and the lack of supply have deepened the unusual requirements that some owners impose when renting.


In recent days and fueled by inflation, the illegal practice of increasing the rent above what is stipulated in the contract has worsened. There are complaints in various regions of the country.


There is a growing trend of requesting rentals excluding pets and children. Likewise, it seeks to incorporate restrictions linked to the hours of entry into the buildings into the contract. This set of conditions further complicates the rental picture.


To enter into a rental contract, the requirements must comply with what is stipulated by law and common practices, which include one month's advance payment, one month's deposit, treaty expenses, and guarantees, either in the form of owned or supported by an immediate family member. In addition, additional guarantees are usually required such as surety insurance, own salary receipt, or from a third party with salary receipt or real estate property.

The fear of not finding another home leads many tenants to accept this “surcharge.”

“In relation to the presence of children or pets, the possibility of restrictions is conditional on the express prohibition established by the consortium through the property regulations,” Ramiro Cuello , a lawyer specialized in real estate issues, told Infobae.


For its part, the Buenos Aires Ombudsman's Office received numerous complaints from tenants due to the additional requirements demanded of them.



When a rental contract is signed, both parties agree to comply with it. The housing shortage creates problems because sometimes there are owners who seek to obtain advantages over the tenant that are illegal in most cases (Photo: Getty)


From the entity chaired by María Rosa Muiños they clarified that under current legislation, rental contracts have a duration of 3 years. The tenant has the possibility of terminating the contract early after the first 6 months of tenancy, as long as he or she notifies 30 days in advance. In the event that the termination occurs before completing the first year, he must pay compensation equivalent to 1 and a half months of the current rent; If it is after the first year, the compensation is reduced to 1 month.


Cuello clarified: “In the context of housing rental, if the tenant gives 90 days' notice in advance, he will not incur the payment of compensation. In all cases, the tenant must pay the outstanding rents, expenses, services in charge of him and return the property under the agreed conditions.


There are entities and groups of tenants that receive complaints about requests from owners who ask them to return the property early, something that is also illegal.


The landlord can only terminate the rental contract if the tenant changes the purpose of the contract. For example, if I rent as a home and transform it into a business, a clothing store, among other possibilities. or the tenant does not pay for 2 consecutive months. There, the owner can order you to return the home and initiate an eviction proceeding.

Expenses, an issue that generates differences​

Another element that generates tensions between owners and tenants is the payment of extraordinary expenses, which refers to the contributions that people must pay to cover the maintenance costs of the building or housing complex in addition to the ordinary expenses.


Extraordinary expenses include unusual or unusual expenses that are not made periodically. Although, by law, the responsibility for covering these costs falls on the owners, in many cases, tenants are required to assume these payments. In some cases, it is argued that if they do not comply with this demand, their contract will not be renewed upon expiration or that no extension will be granted.


There are also owners who, prior to signing a new agreement, demand information from the tenant about the condition and maintenance of the home, as well as interactions with owners and real estate agencies to manage repairs.



Ready-to-rent apartments are not frequent and tenants face additional conditions to those they must meet to enter into a contract under the current Rental Law


Furthermore, despite the regulatory prohibition, proposals continue to arrive in dollars or with prices linked to the increase in the free dollar, an illegal practice. However, some tenants, driven by desperation, accept these offers.

No offer​

There are less than 550 apartments for rent in pesos in the different neighborhoods of the city of Buenos Aires.


Ricardo Botana , president of the Argentine Tenants Union, told Infobae that currently, finding a home takes between 3 and 4 months on average for a tenant. “In some cases, due to the expiration of the contract and the landlord's refusal for further extensions, tenants resort to a temporary solution for three months before obtaining permanent housing and for a period of three years.”


Some tenants, unable to meet the costs, terminated their contracts and moved to Greater Buenos Aires or to other cities more than 70 km from CABA. Others choose to return to live with their parents, especially if they are single or a couple without children. In different cases, they share expenses and find temporary accommodation with friends, family or acquaintances until the situation improves.


Botana concluded: “It is important to take a broader view. How to reactivate sustainable mortgage credit plans and promote the Social Rental program. It is necessary to articulate a comprehensive housing policy with the provinces and CABA, since, otherwise, it will be difficult to get out of this complicated situation.”


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