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Rental Law: Can tenants stay in their homes even if the landlord doesn't want to renew the contract? - La Nacion Propiedades
Source:
www.lanacion.com.ar
June 01, 2025
The repeal of the rental law left regulatory gaps that tenants and landlords have to agree on and put in writing when they sit down to sign the contract.
What happens when the landlord does not want to continue with the tenant and decides not to renew the contract?Mauro Rizzi / Archive - LA NACION
Following the repeal of the rental law in December 2023, through President Javier Milei 's Decree of Necessity and Urgency (DNU) , the game was opened for tenants and landlords to define among themselves the way in which contracts are agreed upon. In this sense, there are several points that must be taken into account to avoid problems and must be discussed, agreed upon, and put in writing before signing a rental contract .
These include currency, adjustment frequency, indexation, and advance payments. First, rents may be set in legal tender or foreign currency, as agreed upon by the parties. That is, they may be signed in pesos, dollars, or any other currency agreed upon. The important thing is that the agreement must be written into the contract . The tenant may not demand payment in a currency other than that established in the agreement.
Today, rental contracts must be freely agreed upon between the parties, setting out several terms, including currency, adjustment frequency, and indexation.CrizzyStudio - Shutterstock
Regarding the adjustment, instead of using the Lease Contract Index (ICL) used by contracts signed under the law or the Casa Propia index (which applied to the few contracts signed between October 18 and December 2023), tenants and landlords will be able to freely agree on which index to link the rent. For example, they can index the rent to inflation, wage growth, the wholesale price index, the price of gasoline, a combination of indexes, etc. Regarding the periodicity of the adjustment, the parties may agree on how often to update the rent. The term of the rental contracts will be the one established by the parties and, if not clarified, will be two years .
It's worth noting that a report from the Buenos Aires Real Estate Association from a few months ago reveals that 90% of rental agreements being signed are in pesos, despite the fact that they are allowed to be agreed in foreign currency, and are closed with quarterly adjustments , for 24 months and using the CPI indicator, despite the fact that some are still being agreed under the ICL.
The contract continues under the same terms until either party says enough. However, the security deposit automatically expires once the term for which the contract was signed has expired. If a tacit extension of the contract is made, not in writing, the security deposit also expires, whether it is an individual or a company providing a surety bond for that purpose, or if the guarantor is a surety bond. However, if the tenant is notified, the security deposit remains in effect as soon as the contract expires.
When the lease is about to expire and the landlord refuses to renew it, it's a good idea for the landlord to send the tenant a letter notifying them that they will pick up the key to the property on a specified date . However, if the landlord provides a rent receipt after the lease term has expired, it proves that the previous lease was tacitly extended, but without a guarantor.
www.buysellba.com
Source:
Ley de alquileres: ¿los inquilinos pueden permanecer en la vivienda aunque el propietario no quiera renovar el contrato?
La derogación de la ley de alquileres dejó vacíos normativos que los inquilinos y los propietarios tienen que acordar y poner por escrito cuando se sientan a firmar el contrato
www.lanacion.com.ar
June 01, 2025
The repeal of the rental law left regulatory gaps that tenants and landlords have to agree on and put in writing when they sit down to sign the contract.
What happens when the landlord does not want to continue with the tenant and decides not to renew the contract?Mauro Rizzi / Archive - LA NACION
Following the repeal of the rental law in December 2023, through President Javier Milei 's Decree of Necessity and Urgency (DNU) , the game was opened for tenants and landlords to define among themselves the way in which contracts are agreed upon. In this sense, there are several points that must be taken into account to avoid problems and must be discussed, agreed upon, and put in writing before signing a rental contract .
These include currency, adjustment frequency, indexation, and advance payments. First, rents may be set in legal tender or foreign currency, as agreed upon by the parties. That is, they may be signed in pesos, dollars, or any other currency agreed upon. The important thing is that the agreement must be written into the contract . The tenant may not demand payment in a currency other than that established in the agreement.
Today, rental contracts must be freely agreed upon between the parties, setting out several terms, including currency, adjustment frequency, and indexation.CrizzyStudio - Shutterstock
Regarding the adjustment, instead of using the Lease Contract Index (ICL) used by contracts signed under the law or the Casa Propia index (which applied to the few contracts signed between October 18 and December 2023), tenants and landlords will be able to freely agree on which index to link the rent. For example, they can index the rent to inflation, wage growth, the wholesale price index, the price of gasoline, a combination of indexes, etc. Regarding the periodicity of the adjustment, the parties may agree on how often to update the rent. The term of the rental contracts will be the one established by the parties and, if not clarified, will be two years .
It's worth noting that a report from the Buenos Aires Real Estate Association from a few months ago reveals that 90% of rental agreements being signed are in pesos, despite the fact that they are allowed to be agreed in foreign currency, and are closed with quarterly adjustments , for 24 months and using the CPI indicator, despite the fact that some are still being agreed under the ICL.
What happens to the tenant when the landlord doesn't want to renew?
When signing a rental agreement, there's another point to keep in mind: what to do when the contract is terminated. "Article 1218 of the Civil and Commercial Code establishes that, once the term for which the rental agreement was signed has expired, it remains in effect under the same terms until either party terminates the contract ," explains Enrique Abatti, lawyer and president of the Argentine Chamber of Landlords of the Argentine Republic. He adds: "If the landlord doesn't want to renew and the tenant doesn't want to leave and remains in the home, an eviction lawsuit is initiated , and the tenant will leave on the day the judge issues the ruling."The contract continues under the same terms until either party says enough. However, the security deposit automatically expires once the term for which the contract was signed has expired. If a tacit extension of the contract is made, not in writing, the security deposit also expires, whether it is an individual or a company providing a surety bond for that purpose, or if the guarantor is a surety bond. However, if the tenant is notified, the security deposit remains in effect as soon as the contract expires.
When the lease is about to expire and the landlord refuses to renew it, it's a good idea for the landlord to send the tenant a letter notifying them that they will pick up the key to the property on a specified date . However, if the landlord provides a rent receipt after the lease term has expired, it proves that the previous lease was tacitly extended, but without a guarantor.
www.buysellba.com
