BuySellBA
Administrator
2024 was declared by Javier Milei the year of the defense of life, liberty and property: What will happen to the evictions - La Nacion Propiedades
Source:
January 22, 2024
A new DNU from President Javier Milei declares 2024 as the year of the defense of life, liberty and property; The rental law has been repealed, what other measures on properties could be taken.
By Veronica Ruby
The DNU published by the Government declares 2024 as "Year of the defense of life, liberty and property"
Libertarianism is a political and legal philosophy that promotes a society that guarantees the freedom of the individual, private property rights , and the allocation of resources through a market economy. Considers property and free markets as the most solid foundations to guarantee individual freedom.
President Javier Milei identifies mainly as a liberal-libertarian, or classical liberal, which is why he is a supporter of private property and this has been demonstrated in the publication of two recent DNUs: the last one, issued today, in which he declares “2024 Year of the defense of life, liberty and property”, and in a DNU of last December 22 in which, among 300 measures, the first on the list was the repeal of the rental law . A campaign promise that he fulfilled a few days after assuming the presidency and that marked the kickoff for what promises to be the hallmark of this year: the defense of private property.
As the decree published today says: “There is a strong commitment from the National Government in defense of life, liberty and property, returning to the path that made our country great. (...) Due to the imprint that strengthening the ideas of freedom represents for the Argentine people, the National Government is promoting the declaration of 2024 as the 'Year of the defense of life, liberty and property' . (...) Liberalism is the unrestricted respect for the life project of others, based on the principle of non-aggression, in defense of the right to life, liberty and property, whose fundamental institutions are private property , markets free of state intervention, free competition, division of labor and social cooperation. (...) By virtue of the above, this measure is promoted in order to promote, raise awareness and highlight the importance and meaning of the values of the defense of life, liberty and property.”
DNU 2024
In December, the repeal of the rental law was an ample example of the defense of property by moving from a market regulated by the State with a law that stipulated the term of the contracts, the adjustment period, the indexation rate to apply, the type of guarantees that could be presented, the conditions for terminating a contract, the economic responsibility for the repairs required by the property, among many other aspects regulated by law 27,551 sanctioned in July 2020 and modified in October 2023.
Starting with the Milei DNU, which came into effect on December 29, rentals are no longer governed by said law but are once again under the orbit of the Civil and Commercial Code and, in addition, modifications were introduced to establish freedom total in the most important points of a rental agreement . Now, owners and tenants must agree on the duration of the contract, the adjustment period, the index they will take for indexation, the conditions for a possible termination, the payment of arrangements and extraordinary expenses, among many others. points.
What new measures could the defense of property cover during 2024?
Consulted by LA NACION, Dr. Enrique Abatti, lawyer and president of the Chamber of Property Owners of the Argentine Republic, states that “ the repeal of the rental law was a clear sign of the defense of the right to property but to complete that decision it would be good to integrate the short period of evictions. Nowadays, due to certain judges guided by the guarantee doctrine, an eviction is taking no less than a year and a half to two years , when about 10 years ago the resolution period was six to eight months at most.”
The difficulty of an eviction in a short time undermines the will and decision of the owner to put his property up for rent, harms the good tenant and also impacts the value of the rental because a parallel could be made with what happens with automobile insurance: The higher the risk, the higher the value of the policy. This means that the landlord puts a high price on his rent to protect himself from a possible long eviction trial. Abatti believes that “this denotes a clear attack on property rights because what is the point of having an excellent contract if later when the tenant does not comply it is very difficult to evict them .”
An eviction in CABA
To take as an example, Abatti comments that the province of Mendoza is the area of the country where evictions are achieved in the shortest time because the federal system of national government delegates powers to the provinces in the sanction of their procedural codes and Mendoza presents the greater speed to resolve an eviction trial in approximately four to six months . “In CABA the Civil and Procedural Code has a fairly agile eviction system but the guarantor judges do not apply it and that complicates the market a lot,” summarizes Abatti.
The causes for which a landlord can initiate eviction actions are non-payment of rent, failure to return the property when the contract expires, or intrusion into a property. “For a true defense of the right to private property as announced in this new DNU under the motto of the year 2024 , it is necessary to apply modifications to the procedural codes of Caba and the different provinces to establish faster and simpler evictions when there is non-compliance. of contracts or intrusions,” concludes Abatti.
What was left without effect before the repealed law
The rental law 27,551 passed in July 2020 also regulated matters of evictions, introducing one more actor in the process: mandatory mediation, in which landlords and tenants had to participate before a judge to resolve the conflict. To access mediation, the contract had to be registered in AFIP , since its registration was a necessary condition to move forward with an eviction.
The announcement on national television by President Javier Milei about the DNU that repealed the rental law
When said law was repealed with the DNU published on December 22, which came into force on the 29th of that month, both the registration of contracts in AFIP and the mediation were left without effect and possibly the lack of this initial mandatory step collaborated in the reduction of the times that have been established in recent years.
What is an early eviction lawsuit?
In a resource that allows us to move forward in time. Experts explain that if when the rental contract ends the tenant does not want to leave the property, the eviction can be delayed for a year and a half . For this reason, they choose to start the process a few months earlier when they know or see the possibility coming with a “difficult” tenant or one who is having debts.
This saves time until the judge issues a ruling so that the eviction order is fulfilled once the contract ends. “The landlords are protected by Article 688 of the Procedural, Civil and Commercial Code of the Nation and many owners of homes intended for rent anticipate the times of the Argentine Justice and make early eviction demands, with only one objective: ensure the vacancy of their properties,” says Abatti.
www.buysellba.com
