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Rentals: Can the landlord or real estate agency demand that payment be made in cash only? - La Nacion Propiedades
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Alquileres: ¿puede el propietario o la inmobiliaria exigir que el pago sea solo en efectivo?
Hay situaciones en las que existen normas jurídicas que prevalecen por sobre el acuerdo y lo explicitado en el contrato de locación
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April 24, 2026
There are situations in which legal norms prevail over the agreement and what is explicitly stated in the lease contract.
When the legal norm prevails over the signed contract and its conditions between the partiesCrizzyStudio - Shutterstock
Camila encountered a problem that seems minor but is still common in the rental market : when she tried to pay one month's rent for her apartment in Chacarita via bank transfer, the real estate agency managing her contract was adamant: " Payment must be made in cash only ." The problem is that the agency is only open during her work hours , so every month she has to ask for time off or send someone else to make the payment.
Something similar happened to Julián. His contract states that the rent is paid in cash at the real estate agency . However, when he tried to pay by bank deposit to avoid carrying such a large amount of money every month, he was told that this method was not allowed because "it's stipulated in the contract . "
Cases like these are repeated in different cities across the country and raise a question that seems simple, but has clear legal consequences: can the landlord or real estate agency force the tenant to pay the rent in cash?
The answer is no . But as is often the case in the Argentine real estate market, practice tends to be more complicated than theory .
The landlord cannot demand that the rent be paid in cash.(Photo: Social Media)
1) What does the law say?
There is a current regulation stipulating that all payments exceeding $1,000 (or its equivalent in foreign currency) must be made through banking channels , such as transfers, deposits, or checks. This rule stems from Law 25.345 on the Prevention of Tax Evasion in Argentina (enacted in 2000), legislation created for tax purposes and to ensure the traceability of funds.According to Enrique Abatti , a lawyer specializing in Real Estate Law and president of the Chamber of Owners of the Argentine Republic, this rule prevails even over what the parties may agree in a contract .
“The law states that payments exceeding that amount must be made through a bank. If the tenant chooses to pay by deposit or transfer, they have the right to do so ,” he notes.
2) Can the real estate agency demand payment in cash?
In practice, many real estate agencies manage the contracts and receive the rent payments . However, their decision-making power is limited.The expert clarifies that the real estate agency cannot unilaterally impose the payment method . That decision rests with the landlord in agreement with the tenant.
Contracts typically include a clause specifying the address or method of payment , and even a bank account for transferring funds. It is also common to include a provision allowing the landlord to change the payment location or method , provided the tenant is notified in advance.
3) What if the contract says “cash payment”?
Herein lies one of the most debated points in the market.Many contracts include a clause in which both parties state that the rent will be paid in cash and that the landlord accepts it accordingly . In practice, if both parties agree, this mechanism is used without problems.
But from a legal point of view there is a clear limit.
Abatti explains that if the tenant or landlord decides to stop paying or receiving rent in cash and opt for a bank deposit, they can do so , even if the contract stipulates otherwise. The reason is simple: the law takes precedence over the contract .
The principle of contractual freedom in force in the Civil and Commercial Code of the Nation allows the parties to agree on conditions, but that agreement cannot contradict a rule considered to be of public order .
In other words: if one of the parties wants to comply with the law, the law prevails .
4) Can the owner refuse to receive a transfer?
No. The landlord cannot refuse a payment made by bank deposit or transfer , as long as it corresponds to the rent amount and is made on time and in the correct manner.This means that in the event of a conflict, the tenant has legal backing to use a banked method , even if the contract mentions payment in cash.
The tenant has legal backing to use a banked payment method. Shutterstock
5) The fiscal origin of the rule
The mandatory use of bank transfers for payments has a fiscal basis . The legislation aims to guarantee the traceability of funds and prevent tax evasion.In the case of rentals, this is also linked to the owner's obligation to issue receipts or invoices if the tenant requests them .
“ If the tenant demands an invoice, the owner is obliged to issue it ,” Abatti points out.
6) What happens in practice
Despite the clarity of the regulation, informal practices still persist in the real estate market. For years, cash payments were the norm, especially in contracts managed by real estate agencies .However, the increasing digitization of the financial system, the expansion of instant transfers, and greater oversight are slowly changing that dynamic.
Today, more and more contracts specify bank accounts directly for rent payments , simplifying the process and reducing conflicts. “The reality is that cash payments have been decreasing since the pandemic; they are still used when landlords are elderly and don't have bank accounts or when rental income is not declared,” explains the Argentine Chamber of Real Estate (Cucicba).
Ultimately, cash payments can still be accepted as agreed between the parties. However, if one of them requests to make the payment through a bank, the law is on their side .
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